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My wife asked me for a divorce, we’ve been married 1 1/2.

Customer Question
My wife asked me...

My wife asked me for a divorce, we’ve been married 1 1/2 . But together for 6yrs. We bought a house before we were married, in her name. She claims I have no right to the house or any property in it. She also inherited money from her mom, when she died a year ago. Do I have any rights to any thing in our time together. I sold all my household possessions when I moved in to take take of her. She lost her left legg in a motorcycle accident. She was back at work a few months later.

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

Texas, Waco.

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

She is filing by next week.

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

Since we have been married we have added about $80000 in home improvements pool, hot tub and landscape it with a cabana.

Submitted: 1 month ago.Category: Legal
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1/4/2018
Lawyer: Damien Bosco, Attorney replied 1 month ago
Damien Bosco
Damien Bosco, Attorney
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Lawyer: Damien Bosco, Attorney replied 1 month ago

You may be entitled to a part of the increase in the value of the home during the marriage for the investment in the home during the marriage. Texas is a community property state. That means that all of the property that either spouse acquires during the marriage is subject to or belongs to both spouses and must be divided at divorce.

In contrast, each spouse gets to keep his or her separate property when the marriage ends. This includes the inheritance, so that would not be part of the pool to be split unless somehow it was commingled with other funds. Also, the house itself is not part of the community property, except the increase in the value of the property due to the investment may be considered in determining the split, which has to be just and right. If you contributed to the upkeep or improvement of the home, or if marital funds were used to pay the mortgage, even, then yes, you would be entitled to a portion of the equity.

If you need further assistance, just let me know.

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Lawyer: Damien Bosco, Attorney replied 1 month ago

Have I answered all your questions? If not, just let me know and we can continue. If so, please remember to provide a positive rating between 3 and 5 stars at no additional charge so I can get credit for answering your question. Best regards.

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Lawyer: Damien Bosco, Attorney replied 1 month ago

Hello:

I am just checking in to see how things are going. Do you need further assistance?”

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