What am I entitled to if I’m getting a divorce?
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What am I entitled to if I’m getting a divorce?
I bought a house 4 years ago with my name and my son’s name on the deed. I got married several months later and my husband convinced me to take my son’s name off the deed and put his name on. We then split up so he could refianance the house solely in his name but I am still on the deed.
Asked on July 7, 2012 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Any property at the end of a divorce is "presumed" to be community property. Community property is property which you should both have an interest in when the court looks to divide the community assets. However, this presumption can be rebutted by showing that the property was actually your separate property. The fact that you purchased the home before you were married can reverse the presumption and give the courts a reason for finding that the house is your separate property, and therefore should not be counted in the division of the community estate. The rebutting of this presumption can often depend on various facts. So, to get a more definite answer, an attorney would really need to see all of your paperword regarding this house and how different transfers or deeds were written. Try to find a regular family law attorney that has handled property division issues (not someone who just advertises quick and easy divorces). A quality family law attorney can help you develop a case for having this house declared separate property--- which means you get to keep all of it, instead of having it divided or turned over to your ex-husband.
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