When Your House Was Purchased Before Marriage

These days, Texas is a community property state, which means that a house purchased during marriage belongs to both spouses equally. While that's not nearly as straightforward as it might sound, determining the fate of a house purchased prior to marriage can get a lot trickier. If you bought a house before you tied the knot, here are a few things to know about how a Texas court might handle your home during divorce.

1. Your Spouse Might Own a Share of the Home's Value

While this isn't a hard and fast rule, it's highly probable your spouse is entitled to at least a share of your home's value. Texas is a community property jurisdiction, meaning whatever assets you and your spouse acquire after marriage is considered community property and belongs to you as equal partners. Things acquired prior to your union belong to that party as separate property and should theoretically leave with that individual upon divorce.

The reason your spouse might have an interest in your pre-marriage house is simple: because more likely than not, you invested community property funds into the home over the years. The moment you use joint funds to pay your mortgage, keep the lights on, or invest in improvements is the moment your spouse suddenly gains an interest in your pre-marriage house.

2. Then Again, Maybe Your Spouse Doesn't Own a Share

While it's not as common, there are still a few ways that homeowners can walk away with pre-marriage homes without having to share the value. To circumvent these potential mergers, don't let your house get entangled with marital funds. Instead, make all house-related payments with separate money—which could include funds from inheritance, gifts, or personal injury awards.

Prenuptial Agreement

During the throes of everyday life, trying to maintain a house using only separate funds can be difficult. For those who aren't married yet, there is a much simpler, failsafe way to ensure you retain your pre-marriage house: put it in writing. A prenuptial agreement can be used to subvert the standard laws of community property in the event of any future divorce.

3. If You Didn't Plan Ahead, You'll Probably Have to Compensate Your Spouse

If you're like most married couples who don't keep clear records, didn't think of a prenuptial agreement, and generally co-mingle accounts and assets with reckless abandon, then your spouse is likely entitled to a share of your home's value upon divorce, even if it's still technically separate property. Community property laws don't dictate how this value must be repaid—perhaps you sell the house and give your spouse their share from the proceeds, or compensate them by taking on a larger share of debt.

Texas Divorce Attorneys

Buying a house is often the biggest investment people ever make, so it can be incredibly frustrating to have your ownership rights threatened by divorce. If you have questions about how your pre-marriage house might be handled upon divorce, then call us today at (972) 436-8000, or schedule a consultation online, and together, we can insure your home's value is handled correctly.