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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102133
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am asking a question for my son. He is wanting a divorce,

Customer Question

My name is***** I am asking a question for my son. He is wanting a divorce, (in Texas). He and his wife were married in May 2006. They lived together 2 or 3 years prior to the wedding date. They did not file joint tax returns until recently.. He bought a small camp house in Brookeland, TX around 2003. Is she entitled to the house? They have no community property of value. The house they are residing in now was my son's(and his sibling's) 1999 inheritance.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 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.

I am sorry to hear about your son's situation.

In Texas as well as most US jurisdictions, property owned before marriage, gained through inheritance, gained via a gift, or gained via judgment - this remains the separate property of the owner and is not subject to division in marriage.

So if you are telling me that he already owned the property before the marriage, then she would have no interest in it in a divorce. At the same time, the inherited property is the same way - she'd have no interest in that, either.

However, if he put her name on one/both of those properties, then whichever property he put her name on becomes community property and is subject to division.

I hope this helps and clarifies. Please use the SEND or REPLY 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 TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/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.

Expert:  Ely replied 8 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!