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 brax080196
Joined: 08 Aug 2008
Posts: 3
2.16 Dollars($)
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 Posted: Fri Aug 08, 2008 8:24 pm Post subject: Separate or community property |
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| I had my house six years before I got married last year. Is this my separate property or is it half my wife's property too? I live in Texas. |
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larry
Joined: 27 Jun 2007
Posts: 3328
474.49 Dollars($)
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| Posted: Mon Aug 11, 2008 4:06 am Post subject: |
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Hi brax.
Welcome to the forum.
All the properties acquired during the marriage are considered community property. As you had the house 6 years before you got married, this should be a separate property and your wife should not be the owner as long as you don't add your wife on the title of the property.
Feel free to ask if you have any further questions.
Best of luck,
Larry |
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brax080196
Joined: 08 Aug 2008
Posts: 3
2.16 Dollars($)
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| Posted: Mon Aug 11, 2008 4:13 pm Post subject: Thanks |
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Larry,
Thanks. I thought this was the case, but my wife's attorney was telling her something else. I do not know what will happen ten years from now, so I do not want to do anything that would put my ownership of my only real asset in jeopardy. |
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Niicss
Joined: 03 Oct 2005
Posts: 2620
Location: New Jersey
409.63 Dollars($)
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| Posted: Tue Aug 12, 2008 5:57 am Post subject: |
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Welcome brax.
As the property has been acquired before your marriage, it is a separate property. But what your wife's attorney is saying about it?
_________________
Good is the Enemy of Great. |
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brax080196
Joined: 08 Aug 2008
Posts: 3
2.16 Dollars($)
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| Posted: Fri Aug 22, 2008 10:12 pm Post subject: |
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| My wife was telling me that her attorney said that she is entitled to half of whatever I had before we got married before marriage (14 months ago)and vice versa because we did not have a pre-nup. But, everything she had is tied to her ex-husband, and he is not willing to sell the property and split the assets yet. I still do not know how this conversation came up; she just told me that is what he said. |
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Caron
Moderator
Joined: 19 Jul 2005
Posts: 1562
Location: florida
266.58 Dollars($)
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| Posted: Sat Aug 23, 2008 3:56 am Post subject: RE: community property interest |
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Hi Brax,
Your wife's attorney is correct in saying that she may be entitled to half of the interest in property even though the property has been bought prior to marriage. But she will be entitled to the share only if she has been making payments towards the mortgage during the marriage.
| Quote: | | everything she had is tied to her ex-husband, and he is not willing to sell the property and split the assets |
What do you exactly mean by this statement? is the property the one that her ex husband bought? I thought initially it was yours. Can you please be more clear on this? Also, if you'd like to know more on how community property is divided, take a look at Moore Marsden Rule .
Good luck
_________________
Mortgage Shopping made easy with booklet |
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Guest
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| Posted: Sat Aug 23, 2008 8:30 am Post subject: |
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We live in the house I bought seven years ago; we moved in together just before we were married last summer. My wife's ex still lives in the house they bought together, but he is supposed to split the proceeds of any sale with her or buy her out with 10,000. He refuses to do either because he says he does not want her to not own anything. My wife does dot pay any of my mortgage. We only have a savings account together, and we both put money into it. I pay all the household expenses and she buys groceries and pays the cell phone. I am scared to mix anything together at this point because I do not want to have to start over again if we ever separate.
I was married before, and it was hard to become financially stable again afterwards. I love my wife, but I am not certain we will be together "forever." |
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jameshogg
Joined: 20 Dec 2005
Posts: 4291
Location: nevada
509.34 Dollars($)
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| Posted: Mon Aug 25, 2008 12:33 am Post subject: RE: |
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Hi Brax,
I believe there are 2 properties involved here. If your wife has bought the property along with her ex-spouse, then she deserves a share of the property interest in that property. But what I'd like to know is, did she have her name on the loan and did she make payments? if she has been doing so, then her ex-spouse should split the sale proceeds. If he doesn't agree, she should talk to an attorney and negotiate with him or take some legal action.
Thanks |
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