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SC Law Attorney
SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience:  I have been practicing primarily in the field of Family Law for approximately 17 years
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I have been married for 9 years. My husband started cheating

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I have been married for 9 years. My husband started cheating 2 years into our marriage. My home was my seperate property before we married as it was left to me from my prior marriage when my husband died. I want to know if we together took an equity loan on my property and paid off my husbands student loans.....which were from before our marriage.....can I request this back and am I entitled to it? I paid off $21,000 for his student loans using the equity from my home. Does this equity loan make my home marital property or is it still considered non marital property. I live in Texas, One more question.....since I was a widow....I had a considerable sum of insurance money from my husbands death. I paid off $22,000 of debt from my current husband at the very beginning of our marriage with this seperate I entitled to that back?
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Attorney Hayes :

(b) If community property subject to the sole management,
control, and disposition of one spouse is mixed or combined with
community property subject to the sole management, control, and
disposition of the other spouse, then the mixed or combined
community property is subject to the joint management, control, and
disposition of the spouses, unless the spouses provide otherwise by
power of attorney in writing or other agreement. The general principle when property is co-mingled is as follows:

  • Property purchased with a combination of separate and community funds is part community and part separate property, so long as a spouse is able to show that some separate funds were used. Separate property mixed together with community property generally becomes community property.


    Attorney Hayes :

    If the parties themselves can agree on divisions and classification of properties as community or not, then the Court will usually accept that classification.

    Attorney Hayes :

    You should also be sure to notify your attorney that you have claims for "equitable reimbursement", which is a concept that applies to the payment out of your separate estate (your inheritance) to his college loans.

    JACUSTOMER-4336mjq3- :

    what about the debts I paid off going into the marriage.....I have receipts of them being his seperate debt and I paid them off with my inheritance to make our budget manageable. Am I entitled to that back as well...he is at fault for the divorce.

    Attorney Hayes :

    If you paid off debt PRIOR to the marriage, then family court may not have jurisdiction over it because you were not yet married. I'd bring it up anyway in the divorce process and let a Judge tell you you can't as opposed to not bringing it up at all. If you paid it AT THE BEGINNING OF THE MARRIAGE, that is where equitable contribution comes in, and you can ask for reimbursement

    JACUSTOMER-4336mjq3- :

    you have been a great help! I have struggled all along with knowing what is right and knowing what is "the law".

    Attorney Hayes :

    Thank you. You should be sure to let your attorney know the whens & details and HAVE PAPERWORK backing up your position. Good luck

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