Legal Question in Family Law in Texas

does my husband get our house since it is only in his name with his parents as co signers?

Asked on 7/24/09, 10:23 am

1 Answer from Attorneys

J. Cole Brooks Law office of J. Cole Brooks

Texas is a community property state. There is presumption under Texas law that any property acquired during the marriage is community property regardless of whose name is on the title or deed of the property. What that means is that at the time of dissolution of the marriage (divorce), there is a "fair" and "just" division of the community property acquired during the marriage, usually the property would be split 50/50. There are some exceptions to this general rule. For example, if you obtained property during the marriage through some type of inheritance or gift, then that property would generally by considered separate property. So, if you acquired the property during the marriage, and it was not a gift, the presumption under Texas law would be categorize the house as community property. An additional note, any debt acquired during the marriage is treated under the same general principle as any property that was acquired. There would be a presumption that any debt acquired during the marriage would be community debt and subject to a "fair" and "just" division of the community debts.

Now, in saying all of this, a judge may temporarily order that one person gets to stay in the house until the divorce proceedings are concluded, especially if there are minor children.

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Answered on 7/26/09, 10:15 pm

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