Without a final divorce decree, how can I buy/own proper in Texas without it being community property under Texas law?

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Without a final divorce decree, how can I buy/own proper in Texas without it being community property under Texas law?

I was a victim of domestic violence in MS. Spouse is currently incarcerated. Relocated to Texas for safety. Divorce is not final and is being contested. Since there are no rentals available in town I live and I need to get child in school, what can I do to own property in Texas without it being community property/

Asked on July 15, 2016 under Family Law, Texas

Answers:

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

Answered 4 years ago | Contributor

The relator is correct that any real property purchased during the marriage (even during separation) is subject to division in the divorce.  This doesn't mean that your husband would get a share of the estate-- it just means that he could.
To prevent this, you have a couple of different options.  The first is to have a family member purchase the house in their name, let you "rent" it, and then they can transfer ownership to you a while after the divorce is granted.  The second option is to push the divorce through, get it finalized, and then you can by property without any risk of your husband being awarded a portion.


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