Refinancing A Separate Property Home During Marriage
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Homeowners refinance their homes for a variety of reasons, usually to take advantage of lower interest rates. When a married homeowner refinances a home that is their separate property (e.g. if they owned the home before the marriage), they need to be sure that, in the flurry of paperwork, they don’t unwittingly give half of their separate property home to their spouse.
That’s what happened in two Texas cases, TFC 3.005: Raymond v Raymond, 190 S.W.3d 77, 81 (Tex. App. Houston [1st Dist.] 2005, no pet.); and In the Matter of the Marriage of Skarda, 345 S.W.3d 665 (Tex. App. Amarillo 2011, no writ).
In those cases, the husband’s signature on the new Warranty Deed and Deed of Trust caused half of his separate property home to become his wife’s separate property.
Two recent cases, however, held that unless there is sufficient evidence sufficient that the separate property owner intended to give one half of their separate property to their spouse, the refinance and new deed does not change the character of the separate property to community property. Haynes v Haynes, 2017 WL 2350970 (Tex. App. San Antonio, 2017) and In Re Crist, 2023 WL 1973281 (Tex. App. - El Paso, 2023).
Keep reading to explore the issue and to find out how it can be avoided altogether.
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Carol Wilson provides expertise, focus and compassion in times of family turmoil, having skillfully litigated and tried complex divorce, property division, and child custody cases for more than 30 years.
She has been Board Certified in Family Law by the Texas Board of Legal Specialization since 1992. Subscribe to the firm's newsletter here.
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About Our Divorce Services
Few situations in life are as traumatic, painful and disruptive as a divorce. And even though each divorce has its own set of unique circumstances, disputes involving children or high net worth assets are inherently emotionally charged and stressful for those living through them and for their families.
At the Law of Office of Carol A. Wilson, PLLC, we understand that tensions run high and are aware of the difficulties and complications that arise during these emotional times. As a result, we support and work through these emotionally charged situations alongside you to maintain focus on your best interests and to achieve the best possible solution for you.
We will consult with you to discuss your legal rights and options and to review issues that may apply to you. Here are some of those situations.
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ASC Raises Over $500,000 for Nexus
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Congratulations to Attorneys Serving the Community on another successful annual luncheon. This year's event — for which I was happy to serve as a sponsor — benefited Nexus Recovery Center. 
ASC, an organization of more than 450 Dallas area women lawyers, judges, and law students, ultimately raised more than $500,000 for Nexus, which provides treatment and care for women and children affected by substance use disorders. The amount raised this year, as well as the number of ASC members, is an all-time high for the organization.
I'm honored to be a part of this incredible group of community-minded female attorneys in Dallas. Thank you to ASC and to Nexus for the great work that you do!
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