Q: In Texas, I owned my home before marriage, refinanced 5 years into marriage with him only on loan and me only on deed.
We borrowed from the equity during refi. Now divorcing, who owes who? Is the equity my separate property that he owes me half of or is it community debt that I owe him half of ?
A:
Because you owned the property before marriage, it is your separate property notwithstanding the refinance. Any appreciation in value belongs to you.
Your separate property estate may owe his separate property estate or your community estate based on the equity which has accumulated due to repayment of the refinanced loan. However, your separate estate may be entitled to a rental value offset if you and your husband lived in that house during your marriage.
You should definitely seek the advice of a competent experienced family law attorney to review the facts surrounding this asset.
Carmen Rosita Rojo agrees with this answer
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