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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38386
Experience:  30 years in civil, probate, real estate, elder law
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I transfered my money, that I earned before marriage, from

Customer Question

I transfered my money, that I earned before marriage, from Ukrainian bank to my husband's bank account in USA after our marriage. Then he transfered this money to our common account. From this account we payed with my money the down payment for house . The mortgage is for the name of the husband. We are the owners of this house for 1,5 years.The house pyment was made for one year from common account and half of the year from my account. Who will belong the house after divorce?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you consulted a lawyer yet?
Customer: Just today.
JA: Is there anything else important you think the Lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 8 months ago.
Category: Legal
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you tonight.

If the house here was purchased during the marriage and funds comingled it is likely community property.The judge here in Texas decides if you are to get additional funds that you may have contributed before the house is sold and the proceeds divided.

In this case if it was bought during the marriage it is irrelevant whose name it is in the presumption here under Texas law and the Texas Family Code is Community Property.

Law for reference

FAMILY CODE

TITLE 1. THE MARRIAGE RELATIONSHIP

SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES

CHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIES

SUBCHAPTER A. GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY

Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:

(1) the property owned or claimed by the spouse before marriage;

(2) the property acquired by the spouse during marriage by gift, devise, or descent; and

(3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 3.002. COMMUNITY PROPERTY. Community property consists of the property, other than separate property, acquired by either spouse during marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY. (a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.

(b) The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

You would have burden to show that separate property funds were used and should be reimbursed prior to division.

I truly appreciate the chance to help you tonight and wish you the best here.

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