If my husband and I were to divorce, would the community property laws apply to a house purchsed prior to our marriage if I helped to pay for it?

UPDATED: Apr 4, 2012

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If my husband and I were to divorce, would the community property laws apply to a house purchsed prior to our marriage if I helped to pay for it?

He is the only signer on the mortgage because my credit wasn’t good. His parents gave him $40K and forced him to sign a promissory note stating if the house was sold, etc. the $40K would go back to them. The house was purchased before marriage but while we were engaged. We had at the time been dating 4 years. I helped contribute to the process of purchasing the house and I was present at closing. I was forced to move out of my apartment and was charged break lease fees which has gone against my credit because they wanted someone living in the house but not him.

Asked on April 4, 2012 under Family Law, Texas


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

Answered 10 years ago | Contributor

I am so sorry for your situtipn.  It sounds as if there is a lot going on here.  Generally speaking, assets purchased prior to marriage are considered separate property.  In some jurisdicitions the courts allow a party to show that there was an intent for the property to become marital property and an increae in value during the marriage is marital property.  If marital and non marital funds went toward the upkeep and mortgage that is another factor.  But I would go and speak with an attorney as t the time line and that law in your jurisdiction.  Good luck.   

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