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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11724
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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State is Texas; here is situation and questions: House 1:

Customer Question

State is Texas; here is situation and questions:House 1: Husband puts in 135,000 to down payment (separate property), wife Puts in 145,000 (separate property). Wifw puts another $26,500 (separate property) in a savings account for remodeling expenses. All of this is easily traceable separate property. However, it’s difficult to decipher:
a. The savings account is a joint account in both names
b. Some payments you can tell directly are for home remodeling other you can’t
c. For example, husband paid some directly out of his personal checking account (Husbands only), then transferred from the joint account to husbands account; In other cases checks from joint account were written to home depot etc…
d. Husband also paid for a “bunch of stuff” remodeling, but was all really community property income at that point.
e. Other signification improvement were made to house with community income (e.g., $25,000 of work, including foundation, painting etc.)
House 1 is bought for 886,000 and sold for 995,000 (owned for 2.5 years)
House 2: All proceeds (353,562.82) from house to go to purchase new house for 1,150,000. Wife puts in another 67,000 for down payment / closing expenses.
What is considered separate property vs community property? What gets reimbursed first, community or separate at sale of house?
Submitted: 5 months ago.
Category: Family Law
Expert:  NYCLAWYER replied 5 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  NYCLAWYER replied 5 months ago.

Money and assets kept in separate name are separate property, especially pre marital. Post marital, if separate money is put into a joint project that becomes community and marital property. Is that clear?

Expert:  NYCLAWYER replied 5 months ago.

If I can clarify anything, please ask me.