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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33716
Experience:  Attorney with 15 years experience
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I've been married years now and my husband keeps telling me

Customer Question

I've been married for 2 years now and my husband keeps telling me that the house we live in is willed to his daughter (from first marriage) the house is still under a mortgage and was purchased before we got married. We now have a 1 year old together and I want to know if something happens to him do I have any rights? I reside in Texas.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Did he own the house in his name only prior to the marriage?

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Is he using money earned during the marriage to pay the mortgage?

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thanks

Barrister

Customer: replied 1 year ago.
he bought the house before we married and he is still paying on it now. He said he made a will before we got married.
Expert:  Barrister replied 1 year ago.

Ok, if the house is in his name, then it is his separate property and he can normally leave it to whoever he wanted to because he owned it prior to marriage. It only becomes community property if he added you to the deed.

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However, if he is using money he earns now to pay for it, he is using community property (i.e. his wages) to pay for his separate asset. So you would be able to claim some percentage of interest in the house because he is using half your money to pay for it.

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thanks

Barrister

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