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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have been married years and when we got married my

Customer Question

I have been married for 7 years and when we got married my husband already had a home. We are now getting divorced is the home I have lived in for 7 years a community property?
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. Were you ever put on title, such as via refinancing or by choice? Also, in what state do you reside?
Customer: replied 2 years ago.
I am not on title and we are in Texas
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up. In that case this is not community property. For this to be community property you have to be on title, or it has to be purchased while married. Hence, this is separate property. However, any growth in value can be considered marital. For example if when you married the property would have been appraised at $300,000 and it is now able to be appraised at $350,000, you can argue that the $50,000 is marital, and you are entitled to half of the growth in value. Sincerely, ***** *****