Question of property rights in divorce

[Prima5]

What is the name of your state?
My name is Yvette and I'm in Texas. My father doesn't have access to the internet so I'm doing this for him.

My step-mother put her part of the business that she owned with her ex-husband and son, an auto mechanic's shop, into her sons name. My step-brother's wife bugged him until he finally wrote down on a piece of paper that he was giving her 1/4 of the property. As soon as she got that, she left him and wants a divorce. She's going onto the property, flashing this letter and saying that this is her shop, too. My step-brothers father ran her off and told her not to come back. Now, when my step-mother and her husband got a divorce, he gave her the house and decided not to buy house for himself, but prefers to live at the shop. Since this is his homestead now as well as his business, what legal claims does this girl really have and what can they do to fight this? Can they "sell" the business to my step-mother for $20 and give the girl her "share" based on that $20? My Dad and his wife's ex get along just fine so he's aware that my Dad's seeing what he can find out.

 

[Boxcarbill]

What is the name of your state?
My name is Yvette and I'm in Texas. My father doesn't have access to the internet so I'm doing this for him.

My step-mother put her part of the business that she owned with her ex-husband and son, an auto mechanic's shop, into her sons name. My step-brother's wife bugged him until he finally wrote down on a piece of paper that he was giving her 1/4 of the property. As soon as she got that, she left him and wants a divorce. She's going onto the property, flashing this letter and saying that this is her shop, too. My step-brothers father ran her off and told her not to come back. Now, when my step-mother and her husband got a divorce, he gave her the house and decided not to buy house for himself, but prefers to live at the shop. Since this is his homestead now as well as his business, what legal claims does this girl really have and what can they do to fight this? Can they "sell" the business to my step-mother for $20 and give the girl her "share" based on that $20? My Dad and his wife's ex get along just fine so he's aware that my Dad's seeing what he can find out.

When your step-mother conveyed her interest of the property to her son, her son and ex-husband became the joint owners of the shop.

All property upon dissolution of marriage is presumed to be community property and the party claiming it to be their separate property has the burden of proof to trace and clearly prove that the property was owned prior to marriage, are was acquired after marriage by gift, devise or descent or was an award for personal bodily injury sustained by the spouse. So in order to keep the son's wife from claiming one-half of the interest that her husband (the son) owns in the shop, he is going to have to prove that his mother gave him the property. If son paid mom for the conveyance of her interest in the shop, then his wife is going to get one-half of his interest in the shop as community property.

No you cannot transfer a greater interest in property than what you own and any sale made in fraud can be set aside by the court. So my advice is to hope that step-mother gave her son the shop and as such his interest in the shop is his separate property. (Of course, the percentage of interest that he owned prior to mom's transfer of her share to him is still presumed to be community property and subject to division upon divorce. Her interest in the business, if any, can be purchased. )