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If my ex-husband purchased property while we were married but my name is not on the deed am i entiteld to half the property?

Houston, TX |

he is now remarried and her name is now shown as "property" owner along with his with out my knowledge. I did not sign any type of legal papers either am i still entitled to half the property?

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Attorney answers 3

Best Answer
Posted

A great deal depends on what your divorce decree says about the property. Your husband can't give away something he doesn't own, so if the property is half yours, he can only give his new wife part of his half. Call my office for a free consultation to discuss your options.

Posted

I am not licensed in TX, ao I can only commennt in general. TX is a community property state, so unless he purchased the property with separate assets, it was presumed to have been community property when you divorced. But the divorce is now final. What did the decree say about the property? To whom was it distributed? To him? Then it is his sole property and you have no further claim to it.

Are you saying it was not disclosed or known at the time of the divorce, and, therefore not dealt with in the decree? If so, consult your divorce attorney. This would be fraudulent. Here in WA, if property is not specified in the decree, it is presumed to have been distributed in equal shares as tenants in common. But you need to consult a TX attorney in that case.

Posted

Property acquired during the marriage is presumed to be community property, no matter whose name is on the deed. If the property was not divided on divorce, you can file to have the property divided as a part of the marital estate. See contact the lawyer that handled your divorce.