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.

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1 Lawyer Answer
Eric James Smith
Eric James Smith
Answered
  • 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.

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