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I have lived in a house since 1988 with my second wife,, who…

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I have lived in...

I have lived in a house since 1988 with my second wife, Kathleen, who owned and willed her part of the house (10/17) to me. She passed away in 1997. Her mother (my mother-in-law) owned the other part of the house (7/17) and willed it to me when she passed away in 2008, so I own the whole house now. My current wife who I've been married to since 2001 (we are in the process of getting a divorce now) is trying to get some of the house. I don't think she can touch it. Can she?

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

Texas

Lawyer's Assistant: What documents or supporting evidence do you have?

I am in the process of getting the deed to the house.

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

I think that is it.

Submitted: 3 months ago.Category: Legal
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Answered in 1 hour by:
3/30/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,471
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks very much for your patience. The answer to your question as to whether she can have some of the house is no. TX is a community property state. This means that at the time of divorce, the court will split the assets of the party down the middle for all property that is obtained during the marriage. Property obtained during the marriage is considered community property whereas property obtained before the marriage, during separation, or through some gift during the marriage like through a will cannot be separated at divorce.

In your case, if you were given half the property before the marriage and then the other part of the home either before or during the marriage, your wife will not have any rights to the home because it is your separate property.

In some cases, a court may give a party some value of the property if they used community or their own separate funds to improve the home, but otherwise, they do not get value in the home.

What other questions did you have for me today that I can help you out with:-)?

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