Q: In the process of divorce and my spouse will most likely not agree to 50/50 for property and kids. What should I do?
During our marriage we purchase a house 1/3 mother in law, 1/3 spouse, 1/3 myself (loan) and sold with profit of 30k that amount has then been put into a house that is now under her name only that was purchased by her mother and forced to sign a balloon mortgage contract. She also made me sign a contract during our marriage to pay off my car debt to get a loan for our first house. Since then I traded in that vehicle and am now paying off that vehicle with dealership. Her mother paid off my wife’s student loans and transferred that debt to my wife, so basically I’m paying off that debt to her. I don’t have too much money to my name and she will not agree to paying me off for house or vehicle and most likely not agree to 50/50 time sharing for the kids. What will happen in mediation/court if a judge were to decide. Would I receive some type of payoff since our profit from our previous house was used in new house (my name not on the deed) and am I obligated to pay off the debt in contract
A: In Texas, all property is presumed to be community property. The burden of proof is on the person claiming something as their separate property to prove their claim by tracing the property claim back to the magic moment of inception of title. While your first home was purchased during marriage, it's unclear where the three blocks of purchase money investment came from. You may have a reimbursement claim -- you should retain counsel and talk through all of the pertinent details with an attorney.
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