Community Property

[mom16]

What is the name of your state? TEXAS

Married 10+ years

PUrchased house for $100,000

STBX had purchased home (from Parents) 1 1/2 years prior to marriage - all house payments from joint account once married (I made more $$ first 8 years - now we are about even)

Paid most of martgage with inheritance 3 years after marriage. (STBX family member - loan was forgiven as inheritance, borrowed $30,000 and have paid most back increased by 5K this summer new A/C)

Mortgage on house now $20,000 - in STBX name but I am listed on paperwork as loan is equity loan.

I am not on deed or tax records

Tax value of house $180,000

Do I have any rights?

Minor improvements made to house during marriage.

Do I have any rights regarding $80,000 increase invalue, or rights to full value?

Thank you

 

[BelizeBreeze]

What is the name of your state? TEXAS

Married 10+ years

PUrchased house for $100,000

STBX had purchased home (from Parents) 1 1/2 years prior to marriage - all house payments from joint account once married (I made more $$ first 8 years - now we are about even)

Paid most of martgage with inheritance 3 years after marriage. (STBX family member - loan was forgiven as inheritance, borrowed $30,000 and have paid most back increased by 5K this summer new A/C)

Mortgage on house now $20,000 - in STBX name but I am listed on paperwork as loan is equity loan.

I am not on deed or tax records

Tax value of house $180,000

Do I have any rights?

Minor improvements made to house during marriage.

Do I have any rights regarding $80,000 increase invalue, or rights to full value?

Thank you

It's very hard to determine anything from the slim facts, however, you MAY have an equity interest in the increased valuation. The only way to know for sure is to speak with a local family law attorney.

The problem you'll have is your conversion of the inheritance as a marital asset by using it to pay the mortgage.

 

[mom16]

BB:

The inheritance was STBX family member.

I have received conflicting advise from attorny

A - I am entitled to half of 100% of the value of the house (less quity loan) less mortgage principal paid by STBX for 1 1/2 years.

B - I am only entitled to 50% of increase in value for ten years - and 50% of equity paid - not including the inheritance.

 

[BelizeBreeze]

BB:

The inheritance was STBX family member.

I have received conflicting advise from attorny

A - I am entitled to half of 100% of the value of the house (less quity loan) less mortgage principal paid by STBX for 1 1/2 years.

WRONG!

B - I am only entitled to 50% of increase in value for ten years - and 50% of equity paid - not including the inheritance.

WRONG!

No attorney can answer that based solely on the facts presented. You need to sit down face-to-face with an attorney versed in property settlements and armed with all relevant facts, including paperwork on the home and inheritance.

This is a very specific answer you're looking for that can't be done here.

As I understand your plight however, I would guestimate no more than 50% of the increase in value of the home. HOWEVER, it would be incumbant upon you to show the court that you provided more than simple maintenance for the home out of marital assets, something you have not done here.

 

[mom16]

Thanks again for your quick answers!

To make things more confusing I have also been told that after 10 years the house is considered 100% community property!

I know that is not true!!

I can not prove more than simple maintenance.

The house is the house my STBX grew up in, so I don't want possesion nor do I want him to have to sell

 

[BelizeBreeze]

Thanks again for your quick answers!

To make things more confusing I have also been told that after 10 years the house is considered 100% community property!

I know that is not true!!

I can not prove more than simple maintenance.

The house is the house my STBX grew up in, so I don't want possesion nor do I want him to have to sell

As you suspect, the first point is pure texas cow crap.

As to your second point, it's called negotiations. use your position to barter for a buyout.