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Community property question: If a single guy in the process…

Community property question: If...

Community property question: If a single guy in the process of buying a house, loan is under HIS name and downpayment is made with HIS financial assets, but the house closes after the wedding, is the wife entitled to half the equity from the down payment already? Or is it still considered his separate property in the eventuality of a divorce?... (im only referring to the downpayment, I understand that payments made after marriage are considered community property even if it comes from his pocket)

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really

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Answered in 5 minutes by:
10/4/2017
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 37,283
Experience: 16 yrs. of experience including family law.
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The wife, in the event of a divorce, would be entitled to an even share of the community property.
As you correctly point out, ANY monies paid toward the home from income earned during the marriage, are considered community property.

But the down payment, since it was supplied by the husband, from his separate property, would remain his separate property.

So...if there were a divorce, the husband would have a claim to the downpayment (assuming the home held its value, or increased in value)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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Customer reply replied 8 months ago
Great, so, it doesn't matter whether the house closes before or after the marriage ceremony, the down payment is still considered separate property? The reason I wonder is because the house will likely close after the ceremony, and the bank is telling me she would have to be on the deed of the house, and I thought this would mean that I'm "gifting" her half my equity (down payment)

So long as you can trace the downpayment to your separate property? In the event of a divorce, you could claim that separate property.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 37,283
Experience: 16 yrs. of experience including family law.
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Customer reply replied 8 months ago
Thank you so much! I will definitely come back here if I have more questions!Best regards,Santiago
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