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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 85135
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I left my husband in late December due to his alcoholism issues

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I left my husband in late December due to his alcoholism issues after 25 years of marriage. I move out of our home which we've owned for 19 years, he changed the locks the day I moved out. I have a couple of questions...We have decided to put our house up for sale, but he is not willing to put up any money towards the necessary repairs to make it ready. If I put up the money, am I entitled to re-coup that money upon the sale of the house? Also he believes since I moved out that the money he's paid towards the mortgage should be deducted from my half of the proceeds. Is that true?

Also we have an investment we made as a couple 3 to 4 years ago in the Caribbean (not a timeshare). We bought 2 shares in a resort. The purchase was made with cash he inherited from his mother. Am I entitled to half of that asset?

We have no underage children and no other properties to seperate.
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

.We have decided to put our house up for sale, but he is not willing to put up any money towards the necessary repairs to make it ready. If I put up the money, am I entitled to re-coup that money upon the sale of the house?

You may, but only if you request this in Court at the time of the divorce. This is because the home is marital property under Tex. Fam. Code Sec. 3.001 et seq. As such, but default, the home debt and income would be split 50/50 at divorce. However, you may request to be reimbursed for the sweat equity and money that you put in to make the home sale-worthy and on the market.

Of course you have the right to demand this yourself, but he may balk at this. If so, the Court has the final say.

Also he believes since I moved out that the money he's paid towards the mortgage should be deducted from my half of the proceeds. Is that true?

This is not true, no. Even if one party does not live there, the home is a community property and both are responsible for it.

If one party gets the home in the divorce (assuming it is not sold), then, the Court normally orders that party to refinance into their own name. If neither party wants the home, it may be ordered sold and proceeds split, with extra for you for the sweat equity and money put in to sell it if the Court deems it fit.

Also we have an investment we made as a couple 3 to 4 years ago in the Caribbean (not a timeshare). We bought 2 shares in a resort. The purchase was made with cash he inherited from his mother. Am I entitled to half of that asset?

This depends on whose names are XXXXX XXXXX deed.

If it is only his name, then I am afraid not, because since he inherited the money used to purchase the property, the property is STILL considered separate property under Tex. Fam. Code.

If both of your names are XXXXX XXXXX deed, then this kills off the presumption of separate property and yes, you are then entitles to half.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 10 months ago.

Okay on the investment, we created an LLC (which is what name the shares are in). He is the managing member and I'm the secretary of the LLC. Does that help clarify the situation any?

Expert:  Ely replied 10 months ago.
D,

In this case, the Court is likely to rule that this is community property and as such, you get half.

The only caveat to this is if the LLC has shares, and he owns all the shares (if so, then it is his property).

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 85135
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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