My husband and I have a pre-nup, and we both have savings accounts that are separate property from before our marriage. He wants to use some of his separate property money to add new windows to our house. Our house is community property. If we get...
For the sake of clarity, his reimbursement claim would be "measured by the enhancement in value" to the home. Tex. Family Code section 3.402(d).
So if he expended $10,000 on a kitchen redo that enhanced the value of the home by $20,000, he is entitled to a $20,000 reimbursement *claim*. If he expended $10,000 putting up fur walls in his man-cave and that reduced the value of the house, he would no claim. So the question is how much will the value of the house increase with new windows. Probably none. Buyers expect good windows when they purchase a home.
How will he measure the increase in value? Will he get an appraisal just before the improvements and just afterwards? Will a real estate agent provide an affidavit? (all of that would be hearsay at a trial, so you'd need the appraiser or the agent to testify at trial).
If he were to make a successful claim, it would work out like this (using hypothetical values):
Net proceeds from the sale of the house: $100,000
LESS: Reimbursement to husband: -$20,000
Proceeds to be divided: $80,000
Amount to wife: $40,000 (half of $80,000)
Amount to husband: $40,000 (half of $80,000) + $20,000 (reimbursement for windows)
My husband and I are considering moving out of state with my step daughter and son, we have custody of my step daughter. My husband and her mother were appointed joint managing conservators, him being the custodial parent and her the non custodial...
Your quote from the last paragraph is cut off. It probably continues with the words "(ncp) does not live in (county), Texas or any contiguous county."
If that's the case AND NCP does not live within the geographic restriction, then you can move.
If the order reads exactly as you've indicated OR NCP lives within the area of geographic restriction, your smartest option is to modify the parent-child relationship to live the geographic restriction. There is ample legal precedent for why the court should do this. The Texas appeals courts have opined that maintaining a geographic restriction on the residency of a child when no one other than the custodial parent has a right to possession of the child is an overly burdensome restraint on CP's rights.
You can do what you want . . . but no attorney can advise you to violate a court order no matter the merits. That's why we're going to advise you to modify the order so that you can do what you want within the court's order.See question
My finance may take out a mortgage on a new house and put about 5% down before we marry. He said that we can add a clause to the pre-nup that states that any property acquired between now and the wedding would be community property and that the eq...
Section 4.202 of the Texas Family Code says that, "At any time, spouses may agree that all or part of the separate property owned by either or both spouses is converted to community property."
This is the only way that separate property can be converted to community property in Texas. So, NO, a prenup cannot effectively convert separate to community. The reason is that at the time a prenup is signed, you are not spouses and there is no community estate between the two of you. The community estate only comes into existence after you marry.
You could agree to convert his separate property house to community property per section 4.202 AFTER marriage in a post-nuptial agreement.
The problem is that when he purchases the property prior to marriage, it is automatically his separate property. You can only HOPE that he will agree to enter into a section 4.202 agreement with you afterwards.
What's the hurry? Why not wait until after you're married?
Good luck!!See question
I filed a petition for divorce with children along with an affidavit of indigency, which was denied. It has been six months since I originally filed, and five months since my application was denied. I now have the money for the filing fee and ne...
All that was denied was your claim of indigency. Your petition should still be active. You can look for your petition at this web site: http://courts.dallascounty.org/default.aspx.
To pay your fees, go to the courthouse at 600 Commerce Street. If you park on the south side of the building, there is an entrance that leads straight to the clerk's office after you pass the elevators.
Good luck!!See question
I am in process of divorce. I have a vehicle that is in my mothers name and is paid off. Only her name appears on the title. I paid for the vehicle during our marriage but I do know vehicle is not legally mine. There is no security of interest on ...
He's going to claim reimbursement for the value of the vehicle. He won't get the vehicle, but he may get a correspondingly higher percentage of the assets from your marriage to compensate him for the use of community income to pay for a "gifted" vehicle.See question
Married on March 2010, Dallas,TX. I move out of state for work on July 2011. Separated since July 2012. Husband file divorce petition(Collin County, TX) Nov. 11/2014. I received doc. and signed on March 2015. Previous agreement in friendly process...
#1: Make sure you have filed an answer in your case. It is very important that you do that. Otherwise, you could end up with a very bad outcome. The streets are filled with people who are effectively "tricked" by attorneys who work for their spouses. Don't be one of them.
#2: Set your case for trial. If all you want is your personal effects, it will be a 90 minute trial and you'll be on your way. By setting it for trial, you force your spouse to settle with you (because he doesn't want to pay the attorney to go to court).
I am very familiar with all the judges in Collin County and can assure you that they don't want to be part of any scam being run by your husband's attorney...but they have no idea if you don't get the proper paperwork filed.
Good luck!!See question
My finance may buy a house a few months before we get married for us to move into. My name would not be on the title or the mortgage. Is it still considered community property? What about my belongings inside the house? I know in other states if y...
If the house was purchased prior to marriage, then, based on the inception of title rules, it is is your fiance's separate property house. The only way to get your name on the deed is for your fiance to sign a new deed with your name on it.
Do not let your fiance do this. If there is a separate property house, then your community income will go to paying off the debt on the SP house. On divorce, the house will belong 100% to him and you will get nothing in the end. (Yes, there are claims for reimbursement, but if you were living in the house, you won't win those claims.)
Do not sign a prenup unless it favors you. 100% of the time prenups end in disasters. If nothing else, one of you will die before the other and the disaster will ensue at that point, if not much earlier. If your fiance is demanding a pre-nup, have it carefully reviewed by a good family law attorney (who will eventually advise you NOT to sign it).
Good luck!!See question
my kids live with their dad and they want to come live wit me they are 14,13,11 i want to know how olld they have ro be to deceide who they want to live with
If there are custody orders in place (e.g. a child support order or a divorce decree), then (a) the children can express their preference to the judge at the age of 12 (although it is not binding on the judge) or (b) they can move where they want at the age of 18.
If there are not court orders in place, then they can effectively move wherever they want whenever you OR the other parent say. Once they turn 17--if there is no order in place--they can move where they want as long as they tell you. That's because under the juvenile code, law enforcement does not have the authority to forcibly return a 17 year old as long as the parents know where (s)he is.
If there are orders in place, you need to consult with a family law attorney to see if there is some legal basis for moving the children.
Good luck!!See question
I am filing divorce. My husband is aware of that. we are separated for long time and we live in two different states. I do not know whether he is living at the same address or not. He was supposed to leave USA. His doesn't keep contacts with his f...
First, just file and try to have him served by registered mail. That will probably fail. Then you'll execute an affidavit in support of service by publication or posting and file a motion for that (TRCP 109). Once the court signs the order permitting service by publication or posting, you will be able to proceed with your divorce without his signature. You won't be able to get any property out of the divorce, but you may not have any. But you will get divorced.See question
My husband and I got married 3/6/15 but have been together for 9 years and lived together. I am now going to file for divorce because of his repeated affairs. He owned the house prior to me moving in; however I have paid all bills and mortgage on...
It depends, but probably not.
In a divorce, you would argue that your income (which is community property) paid his separate property mortgage. Based on that, you would seek reimbursement from his separate property estate to the community estate--basically 50% of the money you paid toward the principal on his mortgage and the increase in value to the home based on your expenditures. The interest, taxes, insurance, and utilities that you paid are gone.
However, reimbursement is equitable in nature, meaning the court looks at what is "fair." When you make an equitable claim for reimbursement on a house that you have been living in, he will say to the court that the benefit to you of having a place to live offsets the reimbursement that you are due and you'd get zero.
For that reason, I don't think you'd collect any money from the house. It's one of the severe downsides of living in your spouse's separate property house.See question