What am I entitled to if I’m getting a divorce?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What am I entitled to if I’m getting a divorce?

I bought a house 4 years ago with my name and my son’s name on the deed. I got married several months later and my husband convinced me to take my son’s name off the deed and put his name on. We then split up so he could refianance the house solely in his name but I am still on the deed.

Asked on July 7, 2012 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Any property at the end of a divorce is "presumed" to be community property.  Community property is property which you should both have an interest in when the court looks to divide the community assets.  However, this presumption can be rebutted by showing that the property was actually your separate property. The fact that you purchased the home before you were married can reverse the presumption and give the courts a reason for finding that the house is your separate property, and therefore should not be counted in the division of the community estate.  The rebutting of this presumption can often depend on various facts.  So, to get a more definite answer, an attorney would really need to see all of your paperword regarding this house and how different transfers or deeds were written.  Try to find a regular family law attorney that has handled property division issues (not someone who just advertises quick and easy divorces).  A quality family law attorney can help you develop a case for having this house declared separate property--- which means you get to keep all of it, instead of having it divided or turned over to your ex-husband.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption