Will I be able to keep the house when I’m divorced since it is in my name?

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Will I be able to keep the house when I’m divorced since it is in my name?

My husband has left me. The house that we lived in was in my name and was purchased 5 months before we were married and we moved in together. It was put in my name since his credit was not good. Now that he is gone, I cannot afford to live in the house on my own, so I want to rent it out. Will he have claim to any of the rent money I collect? And when we get a divorce, will I be forced to sell the house even though it is in my name?

Asked on April 11, 2011 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  This question is not an easy one to give guidance on.  It appears from the way that you have written the question that the house is marital property which you admit, correct?  Property can be deemed marital property regardless of the name on the deed by proving same in other ways.  Now, Texas is a Community Property state which means all marital property is split 50/50.  Here is my concern: whose name is on the mortgage?  Just yours?  Then you are bearing all the liability if the house is determined to be marital property. And then yes, he could get half the rents. If it is determined to be separate property then on the outset it appears to be yours but then your husband can say that he contributed to the mortgage and maintenance and "increased value."  Here is what I would suggest.  That you do what you need to keep the house and if renting it is what you need to do then go ahead.  Pay the bills for the house out of the rent, etc.  Then seek help from an attorney in your area as to sorting through this matter.  Good luck to you.


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