How is property ownershipdecided if a separately owned property is refinanced in a couple’s name and they equally make the mortgage payments?

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How is property ownershipdecided if a separately owned property is refinanced in a couple’s name and they equally make the mortgage payments?

One spouse bought the house right before marriage. After marriage, they refinanced and the other spouse co-signed the refinance loan documents (name of both spouses appear on a page that reads “Deed Of Trust”; both are paying the monthly mortgage 50/50 each. However, one spouse is giving the cash to the other, who then pays the lender through personal bank account. It has been this way for 5 years and now. The other spouse is worried if there is any right or claim on that house. Do both names on the “Deed of Trust” mean that the property ownership is equally shared?

Asked on February 19, 2012 under Family Law, Texas

Answers:


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