Since my husband purchased a house before we married, if we divorce will I be eligible for
anything once it sells?

We have lived in the house for 4 years and have been married for 3 of those years.

Asked on October 24, 2015 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the house was paid for before you you and he married and it is in his name alone, then it would be considered his separate property.... which means that you would not be eligible for any of the proceeds after he sells the house.
If he deeded partial ownership in the house to you via a deed, then you can argue that he gifted you partial interest in the house... which means that you would be eligible for part of the proceeds in he house.
If the house was not paid for, but instead financed during the marriage, then you may be able to make a claim for reimbursement--- this is basically where you ask the courts to have him repay to the community estate for helping pay for his house.  Out of that estate, you would be entitled to a portion of the reimbursement.

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