needing help with a divorice

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needing help with a divorice

been common law since 2002… He had property that was gifted to him by grandfather. He was not living on property when we ment… we have built everything together and have a daughter who was born in 2006… We both have built and lived here now… am I entitled to half of the property? Nothing is in my name, but he has been the main support and I don’t have any where else to go, as well as our daughter…

Asked on March 7, 2018 under Family Law, Texas

Answers:

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

Answered 4 years ago | Contributor

The land will remain your husband's because the land is considered his separate property.  It is separate property because he obtained it via an inheritance.  However, community income was used to increase the value of his separate property.  This means that you when you file for divorce, you can request and file for a "community property reimbursement claim."  Basically, you are asking the judge to order him to reimburse he community estate for the increased value to his separate property....and then that amount can be divided.  For example, let's say you and he built a house on the land and the house (minus the land) is worth $100k.  The court can order him to repay the $100k to the community.  Thereafter the court will then divide that $100k "fairly and equitably," which may be 50/50 or something close to that.  
While he is coming up with the funds to reimburse you for your share of the community estate, you can ask the court for temporary marital support.  Texas does not have alimony, but we do have a limited version called "marital support."  This is in addition to child support.  This will give you some funds to live on while you are waiting on your payout.
Make sure that you hire a good family law attorney to assist you.  If the attorney you interview has never heard of a "community property reimbursement claim," then leave and go hunt for another attorney who has.


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