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How do I protect my House???

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Kapo0

Junior Member
What is the name of your state (only U.S. law)? TEXAS

Good afternoon to everybody!

I am new to this forum and I come asking for advice for a very important matter.

I bought a house cash a couple years ago with some money that came from a gift that I got from some family members living in Europe.

I have been told back then to register the house in my name and, even if I was already married, doing that would have saved the house from a eventual divorce.
Lately I have figured out that Tx law does consider that as a common asset of the family and in case of that divorce, she would get half of it.

I am therefore trying to figure out if there is a way for me to make clear that the money had been given me for the purchase of a house with the only condition that the house would me mine.
I honestly thought I would have had no problem about this with my wife, but knowing how greedy are some of her family members, I just want to know if there is a way for me to "protect" the investment made in the house, and not get played by people that would just try to rack easy money on my good intentions and on the people that gifted me money for my future.

If you have any suggestion, previous court rulings examples or just a good tip, please let me know.
 


tranquility

Senior Member
The best you can do is make sure you track all the money closely. And, for anything you pay to improve the property or down the debt on the property, pay from separate funds or from funds you earn and have kept in an account with no comingling.
 

Kapo0

Junior Member
I can do that no problem, but we had the house for about 2 years and it has been painted and slightly fixed with from our joint account.

The fact is that we can see the "gift" either that way or by thinking it as a friendly loan given me by my family in europe to get the house and live in it.

Do you think that by making my wife sign a paper that proves that she wouldn't ask for the half of the house (already paid in full) and going to get it notarized would be simple enough to stand my ground in case of a divorce?
 

Zigner

Senior Member, Non-Attorney
I can do that no problem, but we had the house for about 2 years and it has been painted and slightly fixed with from our joint account.

The fact is that we can see the "gift" either that way or by thinking it as a friendly loan given me by my family in europe to get the house and live in it.

Do you think that by making my wife sign a paper that proves that she wouldn't ask for the half of the house (already paid in full) and going to get it notarized would be simple enough to stand my ground in case of a divorce?
Nope...not quite that simple. Consult with an attorney. You may want to make it a divorce attorney, since it's apparent you're headed that way anyway.
 

Kapo0

Junior Member
thank you for the advice, I will get with an attorney soon.

What happens if I sell the house to the same people that payed in the first place for it?
 

tranquility

Senior Member
I can do that no problem, but we had the house for about 2 years and it has been painted and slightly fixed with from our joint account.

The fact is that we can see the "gift" either that way or by thinking it as a friendly loan given me by my family in europe to get the house and live in it.

Do you think that by making my wife sign a paper that proves that she wouldn't ask for the half of the house (already paid in full) and going to get it notarized would be simple enough to stand my ground in case of a divorce?
The community has earned some portion of ownership to the house. Signing a paper would be a gift. Transmutation would probably require your wife to have representation before she signs to make it easily enforceable.
 

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