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I live in Dallas, TX. I inherited my house while married. The

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I live in Dallas, TX. I inherited my house while married. The house is in my name only. Will I have to divide it equally if I divorce my spouse?
Submitted: 3 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 3 years ago.

The distinction between separate property and community property is important in Texas because separate property can not be divided or awarded to the other party in a divorce case.Separate property is most commonly defined as something: a) owned prior to the marriage, b) acquired as a gift, or c) acquired by inheritance.

The judge must assume that everything the parties own at the time of divorce is community property and, therefore, can be divided. If either party claims something as separate property, that person must identify the item and prove that falls within one of the definitions of separate property.

Expert:  FamilyAnswer replied 3 years ago.
Please see above
Customer: replied 3 years ago.
So then, does it follow that I can sell the house without my spouse's approval and not have to divide any of the money with her, even though I am still married, since I can prove that the house was inherited?!

Expert:  FamilyAnswer replied 3 years ago.
That is a different issue. If you were to go and sell the home prior to the divorce, you would then likely need to keep it separate and apart from your other assets. If you were to take the money and then use it for something that you both would be entitled to, she may be able to have a claim. If you are going to divorce your spouse, you should speak with a divorce attorney who can look over the specific facts you are dealing with and properly advise you as to the best way to protect this home and the proceeds from the sale.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 17282
Experience: 8 + years of handling Family Law, Divorce, Child Custody and Child Support cases
FamilyAnswer and 5 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
As victim of infidelity, if I were to leave the house until I am ready to file for divorce--since I no longer feel comfortable in her presence--would she be able to claim abandonment? What length of time has to expire for that to occur?
Expert:  FamilyAnswer replied 3 years ago.
It would not be abandonment if the reason you left is a result of her infidelity and to separate until the divorce is finalized. Your intention is not to leave and never return, it is to resolve the situation and move forward.
Customer: replied 3 years ago.
What about Credit Card debt? How is that worked out upon divorce? Would I divide all my debt with her?
Expert:  FamilyAnswer replied 3 years ago.

Texas is a community property state. However, the rules about marital property are different in Texas than those of other community property states.The court can divide the community property in a "just and right" fashion - that means whatever the judge thinks is fair under the circumstances.

Customer: replied 3 years ago.
So is debt considered community property? Is debt considered property?
Expert:  FamilyAnswer replied 3 years ago.
The debt is going to need to be divided between the two of you since it was acquired during the course of the marriage.

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