Marital Home Division If Spouse Only Briefly Lived There

Houston divorce lawyerQuestion:

My wife only lived with me at a house I owned prior to our marriage for a short period of time before we separated and now we are getting divorced.

Can she receive half of my home’s value even if it was purchased before marriage and she only lived there for a short period?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas divorce laws where I am licensed to practice.

In my state, marital property consists of all property that a spouse brings into a marriage or acquires during the marriage, consisting of separate and community property.

Separate property is property that is acquired prior to or apart from the marriage and owned individually by one spouse. More specifically, separate property consists of property owned or claimed by a spouse before marriage or acquired by a spouse by gift or inheritance during marriage.

Therefore, if you owned your home prior to your marriage, it may not be divided between you and your wife as part of your community property because courts cannot award separate property of a spouse to the other spouse.

Your spouse should not be able to receive 50% of your home just because she resided with you in the home for a short period of time.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Texas Divorce Lawyer Ijeoma A. Ugoezi, contact Cordell & Cordell.

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