Can my spouse take my house from me in a divorce even though I purchased it before marriage and we have no children? Additionally, in Texas, is it necessary to add a spouse to the title when refinancing a house, even if all financing was done solely by me?


In general, property that you owned before marriage is considered separate property in a divorce, and your spouse may not be entitled to it. However, this can depend on the laws of your state and other factors such as whether the property was commingled with marital property during the marriage.

In Texas, property acquired before marriage is considered separate property, and your spouse may not be entitled to it in a divorce. However, if you used community property funds to pay the mortgage or make improvements to the property during the marriage, the community estate may have an interest in the property.

Regarding the issue of refinancing, if you refinanced the property during the marriage and added your spouse’s name to the title, it could create a presumption that the property is community property, even if the financing was solely in your name. However, this presumption can be rebutted with evidence showing that the property is separate property.

It is advisable to consult with a qualified family law attorney who can provide you with specific advice based on your situation and the laws of your state.


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