One of the more common scenarios our Allen divorce lawyers encounter is when spouses purchase a home together before marriage. There are a lot of complexities involving family law, and this is one of the biggest. But the divorce lawyers in Allen, TX, not only have the skill to handle this type of situation, we also have a great deal of experience. We’ll help you sort things out while ensuring your best interests are always preserved.
Owning a Home Before Marriage
When people hire us as their Allen divorce lawyers, the house is typically the most significant asset they share. Texas is a community property state, but it’s also a state that recognizes separate property, or property that was brought into the marriage. When a couple buys a home before marriage and later files for divorce, things can get pretty complicated.
According to the State of Texas, an individual’s property before marriage is viewed as that person’s “separate” property. That basically means that if you bought something before you and your spouse married, you’re entitled to it after the divorce. If you purchased the house – even if your spouse was living there with you then– it will legally be yours after the divorce is complete.
But, as most divorce lawyers in Allen, TX, will tell you, there are a lot of instances where things aren’t so cut-and-dried. For example, what if you had excellent credit before the marriage and your spouse did not? However, you didn’t have enough money for the down payment, and your spouse did.
Your spouse might claim equal home ownership because they put the money down. But our divorce lawyers in Allen, TX, can counter that argument, and we’ll have the law on our side. If the title is in your name, then the home is yours. Your spouse could be entitled to a down payment reimbursement, but that’s about it.
If you have questions on the division of property or anything else relating to a divorce, the Allen divorce lawyers with Christman | Daniell Attorneys, will be ready to answer them. Call 972.445.9907 or use our convenient online contact form.