If I’m getting divorced, am I entitled to half of the money from the sale of our house?

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If I’m getting divorced, am I entitled to half of the money from the sale of our house?

My husband is a home builder and the house we live in was build under his company name. He has had the business for 20 years; we have been married for 3 years.

Asked on February 8, 2016 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

Community property is any property purchased or aquired during the marriage.  If your husband's company aquired the home during your marriage, then you have a potential claim to a portion of the proceeds.  Texas is a 'fair and equitable' state... not a fifty-fifty state.  The judges do strive for equal division, but they can do unequal division when it's needed.  For example, if one spouse is taking a larger portion of the debt, they can be awarded a larger share of the assets.
Your husband will most likely try to argue that the house is owned by his company.  The name on the title isn't what is necessarily what is most important.  What is important is when and how the house was purchased.  He doesn't realize that all the income generated by the business is community income, even if the business itself remained separate.  If community income paid for the house... then the house is hands-down a community asset.  A good family law attorney will be able to assist you in defeating his allegations. 


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