Legal Question in Family Law in Texas

I live in Texas, My wife and I are divorcing after 2 1/2 years. We have no children. She wants half the equity of the house. I put all of the down payment on the house and payed all of the mortgage payments. I also payed all of the other bills, my wife payed no bills at all. She did ask to contribute, but I told her it wasn't necessary because she always had little to no money in her bank account, even though she always had a full time job. I don't think she ever had $300 in the bank. I'd rather give her a third or fourth of the equity of the home, but since it's a community property state, I've been told she's entitled to half. Is this true?


Asked on 8/21/16, 8:34 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

"Community property" does not mean "half."

But most Judges rule that way.

Unless you give them a reason not to.

Where did the down payment money come from? Was it a fund of money that you had from before marriage? That would make it SEPARATE property.

Have you asked her what SHE thinks is fair? She may give you the 75% of the equity in the home without a fight.

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Answered on 8/22/16, 1:22 pm


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