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Divorce In Texas

 
 
Reply Wed 23 May, 2012 06:50 am
My current wife and I are considering divorce. We both have been in marriages before. My last divorce pretty much ruined my credit. So when my current wife and I got together we moved into a place together. We put it in her name because of my credit situation. We soon thereafter were married and have been paying on this place now for a little over 2 years. Since its in her name do I have to let her keep it, or can I make her sell the place and split it 50-50. Or does she get to keep the house and I get nothing?
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Type: Question • Score: 3 • Views: 1,239 • Replies: 4
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Phoenix32890
 
  1  
Reply Wed 23 May, 2012 06:59 am
@dfanlife,
http://www.divorcenet.com/states/texas/txfaq01#b

Quote:
How is property divided in Texas?
The court starts with a presumption that all the property earned or acquired by either spouse during the marriage is community property, owned equally by the spouses.
If you have separate property you have to prove it by tracing it with "clear and convincing evidence." Separate property includes property acquired by just one spouse by gift or inheritance. For example, you might show that you inherited some money from your grandmother and always kept it in a separate account with only your name on it.
The court divides community property between the spouses in a "just and right manner." In most cases, that means a 50-50 split. In some cases, however, factors such as unequal earning power and fault in the marital relationship can affect the division of property.


That's the easy answer. But there are always exceptions, so you really need to consult an attorney.

BTW, welcome to A2K!
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parados
 
  1  
Reply Wed 23 May, 2012 07:38 am
@dfanlife,
Quote:
Since its in her name do I have to let her keep it, or can I make her sell the place and split it 50-50. Or does she get to keep the house and I get nothing?

That statement probably explains why you are divorcing. It's all about what you get and nothing about her or even a shared concern.

You've been paying on the place for 2 years?
1. Is there even any equity in the house since home values have been so depressed? I wouldn't be surprised if the home is worth less than you paid for it.
2. Depending on the value of the house, 2 years of payments is probably about $3000 of principal payments. Unless you personally contributed a huge chunk of cash to a down payment, you are arguing that $1500 is worth more than trying to be amicable.
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shewolfnm
 
  1  
Reply Wed 23 May, 2012 12:56 pm
Considering the fact that you probably could not sell it right now with out going upside down, there are options..

but first..

is the divorce amicable? Are you still in a place where you can sit and talk about how to divide things? If so DO THAT NOW. If you can come up with documentation that shows what you two are willing to split NOW, that will save your hide in the long run.

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legalbillingsoftware
 
  1  
Reply Fri 1 Jun, 2012 02:49 am
divorce can be a complicated issue in some cases...
if you hardly understand some things, then u can always ask a lawyer for explanations
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