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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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My situation is very complicated, Im in Texas, been married

Customer Question

My situation is very complicated, I'm in Texas, been married less than 1 yr. Have been a nurse for 25 yrs, layed off January 2009, still unemployed. Husband came home kicked me out of home, home was his prior to marriage although I have receipts that I had paid 1/2 of all bills & mortage. I have moved in with dgtr. Husband was arrested 3 days after I moved out for aggravated sexual assault of minor under age 14, HE CALLS ME to bond him out/ I don't think so.... His parents do though. My question is I need help legally not only to divorce him but to recoup some of my money, how can I find assistance, I have no money right now?
Submitted: 6 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 6 years ago.

There is a presumption that all property possessed by either spouse is community property. Separate property ownership must be proven by clear and convincing evidence. In Texas, the appreciation or increase in value of separate property is generally considered separate property. However, reimbursement may be due to one spouse or the community for contributions made during the marriage to enhance the value of one spouse's separate estate. (Reimbursement can work the other way also--separate property used to enhance the community property).

 

So basically though the house was purchased prior to marriage, the fact that you contributed to the payments does give you a legal interest in the property although it would not be a large interest.

 

You would have to contact the local attorney bar association to find a listing of attorneys who will offer free or reduced rate divorce services to assist you.