Legal Question in Wills and Trusts in Texas

I have owned my house for twelve years. I owned it before i got married to my current wife wich I have been married to for five years. I just recently re-financed my house adding her to my mortgage. Now it seems that the marriage is heading south. one mortgage payment after putting her on the mortgage.If we get divorced, what rights do I have as far as keeping my house? Can she make me sell it? And how much of the equity is she entitled to. Thank you. Thomas carpenter.


Asked on 8/25/11, 8:37 am

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

The house is your separate property. Adding your wife to the refinanced mortgage does not affect this characterization. If a divorce were granted, the Court would be able to make what is known as a "just and right" division of the property that you share. When making that determination, the Court considers several things. Among them would undoubtedly be the mortgage payments, which I would assume were made using income earned by you and/or your wife during your marriage. Since this income is community property, and it is used to pay down the indebtedness of your separate property, the Court would have to consider the balance of equity when it makes its division of the property, and it may very well use other marital property assets to offset the benefit that your separate property received from the community funds.

I sincerely hope that the marriage can remain intact if that is your desire. If it isn't, you need to have a serious conversation with a divorce lawyer outside of a public forum like this.

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Answered on 8/25/11, 2:24 pm


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