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KJL LAW, Lawyer
Category: Family Law
Satisfied Customers: 1440
Experience:  Attorney at law Office of KJLLAW
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Married 3 years. NO mixing of accounts, bills or property. i

Customer Question

married 3 years. NO mixing of accounts, bills or property. i owned a property 15 years before the marriage. in my name. can he touch it? no pre nup
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Have you talked to a lawyer yet?
Customer: he did not do one penny towards the property. yes...he says absolutly not
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes there is one house on the property that he lived in....we never made it together at all that he put some money in to fix minute however. am not asking for anything in teh divorce just him to get out
Submitted: 9 months ago.
Category: Family Law
Expert:  KJL LAW replied 9 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

In Texas divorce and marital property distribution is up to the courts, who generally accept a fair and reasonable property division. They like to follow the parties agreements. However, if the parties cannot agree, the property is divided by the District Court within the Judgment of Divorce.

That said, Texas is a community property state. It is a dual classification state, and the appreciation of separate property is separate.

Under the law Texas defines community property as all property and debt acquired or earned from the date of marriage until the marital cut-off date that isn’t separate property. The court starts with a presumption that all property held by either spouse during marriage is community property.

Under the law, to keep an asset free from division, you have to show by clear and convincing evidence that the asset was yours, (ie. That you owned the property before marriage and he did not financially contribute to the property). Separate property includes anything that belongs to you before marriage and you kept separate throughout the marriage. It definitely includes property that was yours prior to the marriage.

The division of marital property in Texas is different from those of other community property states. The Texas courts divides the community in a just and right fashion that means whatever the judge thinks is fair under the circumstances, so the 50-50 division routine that prevails in other community property states does not apply in Texas.

If you show that the property was separate property, the court must award it to you, because it is not marital property. You can have a signed agreement that the property is separate property and belongs to you and that he makes no claim to the property.

I hope this helps. It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions

Expert:  KJL LAW replied 9 months ago.

If you have at other questions, please just ask.

Expert:  KJL LAW replied 9 months ago.

If you have any additional questions just ask.

Expert:  KJL LAW replied 9 months ago.

If you have any other questions, just ask.

Expert:  KJL LAW replied 8 months ago.

​If you have any other questions just ask

Expert:  KJL LAW replied 8 months ago.
If you have any other questions just.