Legal rights for a divorce

UPDATED: Oct 1, 2022

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Legal rights for a divorce

I have been married for 4 year. My husband bought our house 3 months before our
marriage and also a car around the same time. My name was never added to the
house. He also bought a home that he rents out. This home was bought 3 years ago
and also in his namewe were married at this time. Can I receive any equity from
the homes even though my name is not on the deeds? Desperate for answers.

Asked on August 17, 2018 under Family Law, Texas


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

Answered 4 years ago | Contributor

As for the rental property, there is no question that it is marital property for distribution in a divorce so long as it was purchased during the marriage AND with marital funds ((funds earned during a marriage are marital; inherited funds or funds used from before you were married are not).  As for the marital home and the car, you may have a problem unless your actions during the marriage have in some way improved the property or fit in to the case law in Texas converting it from separate proeprty to marital or quasi-marital.  Seek legal help.  Good luck.

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 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.

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