Community Property?

[ladynothappy]

Texas

I got married three and a half years ago. My husband and I never lived together. I live in a house that i bought before we got married and he lives in his rented apartment. I filed for divorce for many reasons, but since Texas is a community property state hes asking for money because i used my income to pay my mortgage....can he do this? He never lived in the house and never paid any bills or did any maintanance.

 

[Ohiogal]

Texas

I got married three and a half years ago. My husband and I never lived together. I live in a house that i bought before we got married and he lives in his rented apartment. I filed for divorce for many reasons, but since Texas is a community property state hes asking for money because i used my income to pay my mortgage....can he do this? He never lived in the house and never paid any bills or did any maintanance.

Any equity from the last three and a half years is marital. So how much equity accrued? He is entitled to 50% of it.

 

[garrula lingua]

Did your house increase in value over the last 3 and a half years ?
If not, then he gets 50% of nothing. The relevant increase in equity is only for the period since the marriage.

You have an unusual situation in that husband does not appear to have contributed one penny towards your mortgage, correct ???
Husband paid the rent for his apt & you paid your mortgage ?

Technically, if there is an appreciation in property value, husband gets 50% of that appreciation.
However, your attorney could argue that there was no contribution on the part of husband to the community interest (not a good argument & not current law, but it'll fly as an argument for potential legal interpretation [eg not frivilous]).

Or, if there was an increase in equity, pay him his 50% share.

 

[mistoffolees]

Did your house increase in value over the last 3 and a half years ?

Technically, if there is an appreciation in property value, husband gets 50% of that appreciation.

Technically, that should be ' increase in equity' not 'appreciation in property value'.

There are plenty of cases where equity increases even when property value does not.

 

[ladynothappy]

I'm not sure how much equity I have. He never contributed a single penny towards my house. He paid all bills at his apartment and I paid all bills, taxes and maintanance costs at my house. Also we have a son together that he never took care of, and does not want to pay child support on. Then in his answer to divorce he filed for sole custody. I know he wont get it, because he has NEVER cared for the child or spent much time with him. but whats this world coming to when a so called man wants to live off of his wife? We signed an agreement in mediation and he gave me property in exchange for no back child support and he was forced to pay child support. I did not want to sign agreement, but my atty said that its best to reach an agreement because I dont want the court to decide who gets what. Im wondering if the judge hears my story about him not doing anything at my house, and not taking care of our child would he consider changing the mediation agreement to something more suitable?

 

[Ohiogal]

I'm not sure how much equity I have. He never contributed a single penny towards my house. He paid all bills at his apartment and I paid all bills, taxes and maintanance costs at my house. Also we have a son together that he never took care of, and does not want to pay child support on. Then in his answer to divorce he filed for sole custody. I know he wont get it, because he has NEVER cared for the child or spent much time with him. but whats this world coming to when a so called man wants to live off of his wife? We signed an agreement in mediation and he gave me property in exchange for no back child support and he was forced to pay child support. I did not want to sign agreement, but my atty said that its best to reach an agreement because I dont want the court to decide who gets what. Im wondering if the judge hears my story about him not doing anything at my house, and not taking care of our child would he consider changing the mediation agreement to something more suitable?

Changing your mind is NOT a reason for the court to void the mediation agreement if it was submitted to the court.
And how is hubby living off you different than a wife expecting her husband to support her? Oh yeah, it is not.

 

[ladynothappy]

Just called mortgage lender. They said house would have to be appraised to determine how much equity i have. Not good.

 

[LdiJ]

Technically, that should be ' increase in equity' not 'appreciation in property value'.

There are plenty of cases where equity increases even when property value does not.

I am going to disagree. Equity is the difference between the fair market value of the house and the mortgage balance. Therefore its a combination of appreciation and principal repayment.

I don't disagree that equity can increase even if a home does not appreciate, or doesn't depreciate more than the principal payoff, but appreciation is still a component of equity.

In a case like this one I would be exploring the option of an annulment. It might be a long shot, but I would still at least consult with an attorney about it.

 

[mistoffolees]

I am going to disagree. Equity is the difference between the fair market value of the house and the mortgage balance. Therefore its a combination of appreciation and principal repayment.

I don't disagree that equity can increase even if a home does not appreciate, or doesn't depreciate more than the principal payoff, but appreciation is still a component of equity.

Obviously appreciation is a component of equity - and no one suggested otherwise. But it's not the ONLY component - which is what GL's post was suggesting.

In a case like this one I would be exploring the option of an annulment. It might be a long shot, but I would still at least consult with an attorney about it.

Annulment? On what grounds? Here are the grounds for annulment in TX:
Texas Grounds For Annulment - Annulment - The Houston Family Law Blog

Please tell me why in the world you think an annulment would be possible after 3 years of marriage.

 

[LdiJ]

Obviously appreciation is a component of equity - and no one suggested otherwise. But it's not the ONLY component - which is what GL's post was suggesting.



Annulment? On what grounds? Here are the grounds for annulment in TX:
Texas Grounds For Annulment - Annulment - The Houston Family Law Blog

Please tell me why in the world you think an annulment would be possible after 3 years of marriage.

They have never lived together and we don't know why they have never lived together. Therefore I would at least run it by an attorney.

 

[ladynothappy]

They have never lived together and we don't know why they have never lived together. Therefore I would at least run it by an attorney.

We were supposed to live together. Before we got married, I owned my house and he rented his apartment and we agreed to move to my house after the wedding. So we get married and he says hes not moving into my house because if i get mad at im i could throw him and his other son out and they would not have anywhere to go. If he felt like that he never should have married me. I did ask about an annulment, but that option is not possible for us.

 

[garrula lingua]

OP,
I'm an attorney-mediator.
If your mediation agreement adequately states "This agreement is non-revocable", then you have no legal basis to dispute the terms.
Per the Tx Family Code: (6.602b & 153.0071 d approx)
A mediated settlement agreement is binding on the parties if the agreement:
1) Provides in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;
2) Is signed by each party to the agreement;
3) Is signed by the party's attorney, if any, who is present at the time the agreement is signed.

Your husband is entitled to judgment on the mediated settlement agreement.
Also, it sounds as though property issues were included in the mediation agreement.

Honor the agreement - the Court will honor a properly executed mediation agreement. It is binding.

 

[ladynothappy]

OP,
I'm an attorney-mediator.
If your mediation agreement adequately states "This agreement is non-revocable", then you have no legal basis to dispute the terms.
Per the Tx Family Code: (6.602b & 153.0071 d approx)
A mediated settlement agreement is binding on the parties if the agreement:
1) Provides in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;
2) Is signed by each party to the agreement;
3) Is signed by the party's attorney, if any, who is present at the time the agreement is signed.

Your husband is entitled to judgment on the mediated settlement agreement.
Also, it sounds as though property issues were included in the mediation agreement.

Honor the agreement - the Court will honor a properly executed mediation agreement. It is binding.

What if his atty had to leave before the agreement was signed, and returned to the mediation center later the same day to sign the agreement,is it still binding? I have a copy of the agreement given to me as i was leaving with the signatures of my husband,my atty and myself. The sopt for his atty to sign is blank.

 

[garrula lingua]

You have to accept what has occurred and move on.

You can beat your head against the wall, appeal, file Motions - feel free.

I have never seen a Judge NOT approve a mediation agreement which has the statement "This agreement is non-revocable" in obvious form, and is signed.

I am a pro bono atty-mediator for Dispute Resolution Services, so I am aware of many disputed mediation agreements. So far, all our DRS agreements have been held to be valid and enforceable. Some are disallowed, but they are few and far-between, with stronger facts than yours.

How much money are you agonizing over ?

 

[Ohiogal]

OP,
I'm an attorney-mediator.
If your mediation agreement adequately states "This agreement is non-revocable", then you have no legal basis to dispute the terms.
Per the Tx Family Code: (6.602b & 153.0071 d approx)
A mediated settlement agreement is binding on the parties if the agreement:
1) Provides in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;
2) Is signed by each party to the agreement;
3) Is signed by the party's attorney, if any, who is present at the time the agreement is signed.

Your husband is entitled to judgment on the mediated settlement agreement.
Also, it sounds as though property issues were included in the mediation agreement.

Honor the agreement - the Court will honor a properly executed mediation agreement. It is binding.

In her other post she signed the divorce was SIGNED by the judge and the divorce was final. So therefore it is too late for her to revoke it.