QUESTION

If I owned my house and car and was paid off prior to getting married, is my estranged husband entitled to it?

Asked on Jan 06th, 2023 on Family Law - Texas
More details to this question:
We were married in June 2013, have been separated since May 2017 and filed in May 2022
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1 ANSWER

Personal Injury Law Attorney serving Bastrop, TX at The Law Office of James M. Ringel
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If the house and car were paid off prior to the marriage, then it almost certainly falls under your separate property instead of community property, and therefore your estranged husband has no legal interest in either. However, if you used any community funds on the house or the car while married, your husband may be entitled to some reimbursement. For example, job income is considered community property, so if you used money you earned from working to do an expensive repair on the car or to renovate the house, your husband may be entitled to some dollar amount for that. There is also an offset for his reimbursement claim based on how much he benefitted from that expense. For example, if you used your community funds to repair the car but it was also his primary means of getting to work, his reimbursement claim would be reduced because of that. If you're planning on getting a divorce, it's important to speak with an attorney based on the specific facts of your case to ensure that any reimbursement claims your husband may have are dealt with appropriately to protect you from having to over-reimburse your husband.
Answered on Jan 09th, 2023 at 6:44 AM

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