Dear XXXXX, My understanding is that this property has some community property in it because of the Home Improvement Loan that was taken out. Also the appreciation of the value of the property and payments made on the property since the marriage. Does this not make a difference?
State/Country relating to question: Texas
Welcome! Thank you for your question. Great question! Thank you for the earlier accept!
The fact that community funds are spent to pay the mortgage of the separate property may give rise to a claim of the spouse to reimbursement, but doesn't change the classification of the property. If there was large scale improvements to the property with community funds then a portion of the property (based on the funds spent and value of the property) would be community property.
Appreciation of separate property during the marriage is NOT at all community property.
Over 14 years experience in Medicaid, Estates, Trust.
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