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Sally878
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Reged: 09/18/08
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What am I really entitled to?
      #452154 - 09/18/08 03:20 PM

I have been a stay home mom for almost 16 years now. My husband owned the house we are living in for I guess about 16 years prior to us getting married. The house is in his name. We are getting close to a divorce if things don't change around here. He thinks I am going to just pack up and leave and he gets his house back. We have 2 teenage sons ages 14 and 15 (almost 16). I don't know what the laws in Texas are, but I hoping that my 16 years of raising kids and taking care of household chores and bills is going to land me with exactly nothing. Does anyone know anything about this? I feel I should be entitled to at least the years I have been here (in terms of money or whatever) if we divorce. Thanks in advance...

Edited by Sally878 (09/18/08 03:55 PM)


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Maury
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Re: What am I really entitled to? [Re: Sally878]
      #452272 - 09/18/08 10:06 PM

The answer is not simple.

The one thing that can be stated is that it does not matter how the house is titled. The question is how much of the equity in the home is marital and how much is non-marital.
A non-marital interest would mean that part of the equity is your spoyuse's alone. In Texas this is called "separate property." Separate Property is defined under tesax Statutes as follows:

3.001. SEPARATE PROPERTY. A spouse's separate
property consists of:

(1) the property owned or claimed by the spouse before
marriage;

(2) the property acquired by the spouse during
marriage by gift, devise, or descent; and

(3) the recovery for personal injuries sustained by
the spouse during marriage, except any recovery for loss of earning capacity during marriage.

The marital portion is that part of the equity attributable to the marriage, which is divided.

the amounts will depend on many things including:

(1) How much equity there was in the home when you married (that is the initial non-marital/separate portion);
(2) How much principal on the mortgage was retired during the marriage (that portion would be marital);
(3) Whether refinancing of the mortgage occurred during the marriage which increased the mortgage (that would wipe out some portion of the separate property);
(4) whether any capital improvements were made using marital funds that increased the value of the property (that portion would be marital).


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Sally878
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Re: What am I really entitled to? [Re: Maury]
      #452351 - 09/19/08 08:01 AM

Thanks for your reply...I cannot believe that all these years I have spent raising our kids would be worth nothing. Do they not make any concessions for stay at home moms?

Somebody told me he could actually throw me out of our house because he owned it before we got married. Is this true??? That just seems kind of far-fetched to me...Surely I am entitled to some part of the house...I don't get it. I do have 2 kids here as well.


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Maury
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Re: What am I really entitled to? [Re: Sally878]
      #452404 - 09/19/08 09:56 AM

A court could award him occupancy of the home, and, at the end of the divorce, a court will certainly award the home to one party or the other or require it sold. Certainly, if he has some non-marital interest, the court may consider him to have a stronger claim to the home. The court may also consider which party has custody and/or which can best afford the home.

However, regardless of occupancy, that does not mean that you have no interest. As I stated above, there equity in the home is likely to have a dual character with both a marital interest and a non-marital interest. The amounts depend on what happened during the marriage.


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Miranda
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Re: What am I really entitled to? [Re: Sally878]
      #452872 - 09/21/08 09:00 AM

If your husband owned the home for 16 years BEFORE you married, why would you think it is yours just because you were a stay at home mom? It is a premarital property.

--------------------
13.1...because I am only half crazy!


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Sally878
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Re: What am I really entitled to? [Re: Miranda]
      #453041 - 09/21/08 06:36 PM

Well, my goodness, "Miranda"...I don't think it's ALL mine, but it does seem like I would be entitled to SOME part of it after 16 years and raising 2 kids here...Don't you think???? I was asking if anyone might know what PART I would be entitled to. I don't think you have a clue...Thanks though...

Edited by Sally878 (09/21/08 07:17 PM)


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ILMimi
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Re: What am I really entitled to? [Re: Sally878]
      #453165 - 09/21/08 09:05 PM

A good estimate would be:

(How much the house is worth now minus How much the house was worth at the time of the marriage) divided by 2

The amount the house was worth at the time (right before actually) the marriage would be considered his pre-marital asset.

So, house is worth ($200K now - $100K when married)/2= $50K for you


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Sally878
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Re: What am I really entitled to? [Re: ILMimi]
      #453248 - 09/21/08 09:57 PM

Well, that's a lot better than nothing. All I want is what I am entitled to. I figured my time and effort for 16 years had to be worth something. I appreciate it, Mimi...

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Miranda
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Re: What am I really entitled to? [Re: Sally878]
      #453718 - 09/23/08 08:12 AM

Please, "sally878" you know that you are entitled to part of the equity. I was moreso referring to your line about you "packing up and leaving and him getting the house back". The house is premarital property. You are going to have to get some sort for formula or accountant to figure out how to accrue and divide the equity for 16 out of the 32 years of ownership.

I also live in Texas, not clueless, and have been playing legal games for 13 years now.

--------------------
13.1...because I am only half crazy!


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matart1
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Re: What am I really entitled to? [Re: Miranda]
      #453724 - 09/23/08 08:35 AM

wasn't it a simple math queston she asked that she should have been able to figure out without getting so snappy..??
there is a 16 yr window of accurred equity that she may be entitled to half of.
as a sahm of 16 yrs she is entitled 50% of all assests and debts accured within the marriage too.
as a sahm she s also entitled to share custody and be the worthy parent she claims to be.

--------------------
Life is a long lesson in humility.


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