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Texas divorce

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jmac275

Junior Member
What is the name of your state (only U.S. law)? Texas
In the property division if one spouse lives in Mexico in a house bought with an inheritance can the other spouse receive half the value? And does the court in Texas have any legal rights to dictate on properties in Mexico?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Texas
In the property division if one spouse lives in Mexico in a house bought with an inheritance can the other spouse receive half the value? And does the court in Texas have any legal rights to dictate on properties in Mexico?
I have no idea what the laws are in Mexico.

Under US law, if the house was purchased with an inheritance, it belongs to the person who received the inheritance AS LONG AS IT IS NOT MINGLED. If you put the other person's name on the deed, it's joint property. If you used marital funds to pay a mortgage, maintenance, taxes, etc, then it is partially joint property.

Texas has no jurisdiction on properties in Mexico. It can, however, consider them. Let's say that you jointly own a home in the US that as $100 K in equity. And that the home in Mexico is deeded in your name, but is actually joint marital property. The court could well say "Ordinarily, you should each get 1/2 of each home, but we have no jurisdiction over the house in Mexico, so we'll grant the other spouse 100% of the Texas home". I'm not saying they WOULD do that, just that they could. (technically, TX is a community property state so the default would be to divide the TX home equally and not be able to touch the Mexico home, but there's a clause in TX property division rules that say that if the 50:50 division is unfair, the judge can change it).
 

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