Texas  |  Wills and Trusts

Legal Question

Asked on: 1/02/05, 7:14 pm

Dad's House

My father was married on June 3, 2003. He had purchased a house prior to this marriage. At the time of the marriage, he still owed $40,000 on a $100,000 mortgage. He slowly paid the $40,000 after he was married via normal mortgae paymment arrangements, arguably with community funds. Does he own this house as separate property so that he can leave it to his children even though some of the mortgage was paid after he was married with community funds? I realize that his wife has a life estate pursuant to homestead constraints, but I thought the house was his separate property because he acquired it prior to his marriage.

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