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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102380
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I will like to ask what to do if I have been married and

Customer Question

Good evening. I will like to ask what to do if I have been married and while been married my mom gave me the money to buy a house. The house is only under my name. My husband is cheating on me and have done physical aggression to me. Can I sell the house?
JA: Are there any minor children in the relationship?
Customer: No
JA: Family law varies by state. What state are you in?
Customer: Texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. I will like to know what to do. I am staying with my aunt as he was beign very violent.
Submitted: 4 months ago.
Category: Family Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is arguably yes. Under Texas Property Code, the home belongs to you only, so you do not need his permission to sell it. Under Texas Family Code, the home belongs to you provided that the money used to purchase it was only the gift/inheritance you received, and no money earned during the marriage by either party.

Assuming that the above is true, the presumption is that the property is solely yours and separate under both property and family code, allowing you to sell it as the sole owner.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).

Expert:  Ely replied 4 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!