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?
, 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.
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