Legal Question in Family Law in Texas

Real Estate in Divorce

My parents purchased acreage and titled in my name at which time husband signed a Quitclaim Deed. Husband and I built house and I am now considering divorce. My parents live in a separate house on the acreage and I did a lifetime lease to them for half of the property. I have made all payments on this property including the mortgage, taxes and insurance from my personal income and have never used husband's. Since he signed the Quitclaim Deed, can he involve this property in the divorce?


Asked on 4/11/02, 8:04 pm

1 Answer from Attorneys

Eliseo Rico III The Law Office of Rico & Associates

Re: Real Estate in Divorce

There are two concerns here.

First, if the conveyance of his interest to you was ineffective then he may be entitled to his community share of the property.

Second, if the conveyance was effective he may have an equitable interest related to the amount of debt reduction that resulted from your expenditure of community funds (your income) on the property as well as for any improvements made with community funds. With regard to income expended on the property's taxes, and insurance he would not have an equitable interest in those expenditures made. Please be advised its very important to be very clear as to when he conveyed the property to you, to get a clear analysis of your situation. If you need additional help you may call my office for a consultation.

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Answered on 4/13/02, 3:36 pm


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