Jupiter, FL asked in Divorce for Texas

Q: We bought a house in my wife name 8 months before we got married, I pay the mortgage am I entitled to it in a divorce?

We have been married for 10 years and I pay the mortgage.

Related Topics:
1 Lawyer Answer
Eric James Smith
Eric James Smith
  • Arlington, TX
  • Licensed in Texas

A: Under Texas law, inception of title doctrine says that the home is your wife's separate property. Your income during marriage, however, is community property. So the community estate might have a claim for economic contribution to your wife's separate estate, but most courts recognise that you have to pay something to live somewhere, so the contribution might be offset by the rent value of the property. None of this happens automatically, it must be properly pleaded, argued and supported by evidence. Get a lawyer if you are pursuing divorce.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.