Community property or separate property?

UPDATED: Oct 1, 2022

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Community property or separate property?

My wife recently told me she wants a divorce. We just bought a new home 2 months
ago. The money we used to put down on the new home, which is financed in my name
only, came from the sale of the house I owned before I met my wife. Is the new
home still considered ‘Community Property’? My wife is a full time student and
doesn’t contribute to the household finances at all.

Asked on April 3, 2018 under Family Law, Texas


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

Answered 4 years ago | Contributor

Intent can be the key in determining what is separate property and what is community property but I think you have a strong case if you can show the chain or events back.  You need to show you purchased the prior home prior to marriage and that those funds went to the downpayment.  If you co mingled them in your joint account for a short time talk to your lawyer about a convenience defense.  You may need to pay her something and buy her out.  There was some expectation and settlement saves on lawyers fees (which likely you will pay hers). Good luck.

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