Am I entitled to half of the equity in the house even if my name is not on deed?

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Am I entitled to half of the equity in the house even if my name is not on deed?

The house was purchased after we were married and community funds have made the payments on it. Will I still be entitled to half of the equity in the house even though his is the only name on the deed. It does state on the deed that he is a married person.

Asked on September 8, 2011 under Family Law, Texas

Answers:

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

Answered 12 years ago | Contributor

This happens more times than you know.  Everything is so rosey when you get married and everyone is so trusting.  Hind sight is 20/20 as they say.  The general rule is that assets acquired after you are married are considered to be marital assets for distribution upon divorce unless the party who seeks to prove that it is separate property can do so to the satisfaction of the court.  There are also these tangent issues of where the funds to put the down payment came from but that does not necessarily change the general rule.  How the deed is held is also generally not binding on a judge's determination. So make every claim that it is marital property. You have been paying for it in many different ways!  Good luck.

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

Answered 12 years ago | Contributor

This happens more times than you know.  Everything is so rosey when you get married and everyone is so trusting.  Hind sight is 20/20 as they say.  The general rule is that assets acquired after you are married are considered to be marital assets for distribution upon divorce unless the party who seeks to prove that it is separate property can do so to the satisfaction of the court.  There are also these tangent issues of where the funds to put the down payment came from but that does not necessarily change the general rule.  How the deed is held is also generally not binding on a judge's determination. So make every claim that it is marital property. You have been paying for it in many different ways!  Good luck.


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