What happens to property bought prior to marriage?

My husband and I lived together for 4 years before getting married. The week before our marriage we brought a house. My name is not on the title or anywhere else. In the event of a divorce would I be able to get part of the house?

Asked on October 17, 2011 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is not a yes or no answer here.  I am leaning toward yes but there are many factors that have to be considered.  Why was the house put in his nae only?  Where did the down payment come from?  To me it is obvious that the house was purchased as the marital home and in contemplation of marriage. Can he argue otherwise?  Did you contribute with your pay checks - money earned during the marriage - to the mortgage and maintenance of the house?  Did he indicate always to you and other s that it was your house - the two of you?  I would find every reason to argue that is is indeed a marital asset and community property  Seek legal help with that argument.  Good luck.

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