If I purchased a house 8 months ago under my own name and before I married, would my home be considered community property in the event of a separation/divorce?
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If I purchased a house 8 months ago under my own name and before I married, would my home be considered community property in the event of a separation/divorce?
Would she be entitled to any ownership of the house?
Asked on December 21, 2015 under Family Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Separate property is property acquired prior to marriage. A spouse has no claim to the other spouse's separate property.
Community property is property acquired during marriage. Each spouse has a one half interest in the community property.
Since you purchased the house prior to marriage, it is your separate property and your spouse would not have a claim to the house; however, if income earned during marriage (which is community property) is used to pay the mortgage or make improvements to the house resulting in its enhanced value, your spouse could assert a community property claim as to the value of those improvements.
If the mortgage is paid from your separate property (income earned prior to marriage), your spouse does not have a claim to the house. If improvements are made to the house during marriage, but are from your income prior to marriage, those improvements would be characterized as your separate property and your spouse would not have a community property claim to the enhanced value of the home.
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