Buying a House Together Before Marriage
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When two single individuals buy a property before marriage, it remains the separate property of each person. To ensure both parties are recognized as owners, the deed should reflect their joint ownership.
The proportion of separate property ownership is 50/50 for each individual unless they can prove their respective contributions to the down payment were unequal, unless the deed reflects their ownership interests, or they agree otherwise in writing. In essence, they become business partners in the house. Even if they marry later, these ownership facts remain unchanged.
If one party contributed more to the down payment, and they are able to prove that larger contribution, they will effectively have a larger percentage of separate property ownership interest in the house. This means that when the property is sold, the party who contributed more to the pre-marriage down payment is entitled to receive the same percentage from the sale price as their initial contribution. (Bray v. Clark, 9 S.W.2d 203, Tex. App. – 1928; In Re Murray, 15 S.W.3d 202, Tex. Ct. App. – Texarkana 2000; Zephyr v. Zephyr, 679 S.W.2d 553, Tex. Ct. App. – Houston [14th] 1984).
Read on for more on understanding property ownership
and reimbursement claims in Texas.
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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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Thanks to Best Lawyers for a Sixth Year
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For the sixth year in a row, I've been named to The Best Lawyers in America©, which recognizes the top attorneys in the United States, for my work in family law.
Last year, I celebrated my third decade of Board Certification in Family Law by the Texas Board of Legal Specialization, and have had more than 35 years of experience litigating and trying complex divorce, property division and child custody cases.
I'm honored and privileged to have handled family law matters for my clients for more than three decades, and am grateful for the recognitions I have received along the way.
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The highest compliment I receive is your referrals. If you know someone in need of assistance in a family law matter, please don't hesitate to share my contact information: carol@cawilsonlaw.com and 214-303-0142. Thank you!
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