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I bought a house a few months before I got married and now I'm getting divorced. Who gets to keep the house?

Fort Worth, TX |

The house is under my name only and so are all the bills. I have a 2 year old with my soon to be ex-wife. We have been married for 3 years.

Attorney Answers 3


According to TX law:
Because you bought the house before the marriage, it is your separate property, however your wife may have a claim. For reimbursement for any money spent on the home, from community funds, during the marriage. Consult a local family law attorney to get you through the divorce process productively with the least amount of impact on your child.

This answer is general information which does not establish any attorney-client relationship between the person asking a question and the person answering, or a duty to respond to ongoing questions; nor is it intended to replace competent legal assistance in the jurisdiction where the matter/issue arises or is before a Court.

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Typically, property purchased before marriage is separate property. But, who gets to keep the property is a matter of negotiation between the parties. Sometimes, the non-owning spouse gets the other spouse's separate property if the other spouse agrees. In other words, the owning spouse can agree to satisfy monetary obligations with the separate property.

Retain a good divorce attorney to protect your interests. As a matter of preliminary negotiation strategy, you should maintain that what is yours is yours and what is hers is hers, and that the community property should be appropriately divided in a fair and reasonable manner.

Good luck.

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1 lawyer agrees


The house is still your separate property but you may be required to reimburse her for 50% of any equity that has accrued in the 3 year marriage.

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