If my husband owed a home with his ex-wife and recently refinanced it, since we are now getting a divorce is it considered community property?

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If my husband owed a home with his ex-wife and recently refinanced it, since we are now getting a divorce is it considered community property?

Since the house was refinanced during our marriage, do I have any rights to it?

Asked on October 26, 2015 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

Unless your husband gifted you part of the house by adding you to the title, the house will remain his separate property.  However, if he refinanced the house in both of your names and you both worked on making payments on the house, then you may be able to make a claim for "contribution."  This is basically where they community estate (which you do have part ownership of) is asking to be reimbursed for improving or adding to his separate estate.


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