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In Texas, married for 3 y, husband purchased home 1 y before marriage, wife pays every bill, he left residence,who gets the hous

Dallas, TX |

I am married in Texas for 3 years. My husband purchased a house on his name, the loan is only on his name, one year before our marriage. Since married, loan was paid mostly from my income and my own resources. I Can prove that with docs.
He left the primary residency one year ago, no separation process, and since I reside in the house, paying everything, I managed to get the house out of foreclosure, pay utilities, taking care of the entire househols, etc. I do not want a divorce, yet he might file for a divorce.
In the situation that he files for divorce, and I will be pushed to accept the divorce, who gets the house?
We do not have children together.
What are the other implications, and what should I do to protect myself. I do not want to lose the house!

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Attorney answers 1


Who gets the house in a divorce will be determined by whether the house is characterized as community property or separate property. Separate property, as defined by the Texas Constitution, is that property that a spouse obtained before marriage or through gift or inheritance. The inception of title rule says that, with real property, the characterization as community versus separate is determined when the spouse had title in his or her name. So, if the husband had title to the house before the marriage, it will be his separate property. If the mortgage was paid using income earned during the marriage (community property), then you might be entitled to reimbursement for some or all of the money expended for the house. Probably not the answer you are hoping for, but you need to know...