If my husbnd owned the house before we were married but I have been helping make the mortgage payments, will I get half in the divorce?

Asked on January 9, 2013 under Family Law, Texas

Answers:

Kristina Combs / The Law Firm of Kristina L. Combs, PLLC

Answered 8 years ago | Contributor

If your husband purchased the home prior to your marriage, then it is more than likely considered his separate property and he would get it in the divorce. However, you may be able to claim contribution to the house since you paid some of the mortgage payments. How much you would be awarded in the divorce would depend on your contributions and the circumstances. You may want to consult with an attorney so they can view all the facts surrounding your circumstances to see if you can claim contribution.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on if your state follows either equitable distribution or community property.  If you didn't change the name on the deed (i.e., your husband quit claimed the property to both you and he as joint tenants with rights of survivorship), than most likely you would get either fifty percent if community property or fifty percent or less if in an equitable distribution state. For example, if he paid 90% of the mortgage before you were married, and jointly you paid the remaining 10%, in an equitable distribution state you may only get the 10% or less.


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