In our previous blog, What is Separate Property, we delve into the basics of understanding what is deemed separate property by the Courts. As a debrief, a spouse’s separate property consists of the following:
In consideration of this definition, generally speaking, property acquired during the course of your marriage to your spouse will be characterized as community property. Typically your community property is divided between you and your spouse in a divorce while separate property will not be shared and/or divided. With this in mind, if you and your spouse purchased a home during your marriage, the home will most likely be characterized as community property. If you or your spouse owned the home before marriage, it will most likely be considered separate property (and possibly subject to reimbursement claims). There are instances in which the house may be “mixed” in character.
For example, if the house was purchased during the marriage with “community” credit, but separate funds were used for the down payment, a percentage of the house will be community and a percentage of the house will be separate. The calculation can be very nuanced and often requires an expert witness giving an opinion about the character of the house. So that leaves us with a dilemma in a case where the parties cannot agree on what will happen to the home in the short and/or long-term.
Once it has been established that your home is community property, how will the Court decide who gets the house? Obviously, the Court won’t order that someone take a chainsaw and literally attempt to divide your house in half (no matter how tempting it may be in some cases). How does a Court deal with this issue? What happens to your family’s Texas home while your divorce is still pending? Find out in our next blog, Factors the Court May Consider When Deciding Who Gets the House.
Retainer fees and cost estimates cause anxiety for many family law clients. Most of the time, this is the fault of lawyers. We do things differently. At Walters Gilbreath, PLLC our cost structure, bi...read more
To celebrate the one-year anniversary of our podcast, Jake & Brian sat down with Jim Piper, Of Counsel at Walters Gilbreath, to discuss how family law has changed since they started practic...read more
Submit the form below and a member of our intake team will contact you.
Brian and his staff were great. Brian’s direction and expertise provided me with the legal information relevant for my needs over several years now. He listens and is steadfast which gave me comfort in the courses of action. I highly recommend him.Brian and his staff were great. Brian’s direction and expertise provided me with the legal information...
Larry M.view all reviews
316 West 12th Street, Suite 110
Austin, TX, 78701
3811 Turtle Creek Blvd, Suite 1000
Dallas, TX 75219
440 Louisiana Street, Suite 2450
Houston, TX 77002
10001 Reunion Place, Suite 170
San Antonio, TX, 78216