Summary

Breakdown of marital assets during divorce

If you  bring property into the marriage or inherit property during the marriage and want it to remain yours, keep it clearly separate or keep very good records of how its used, otherwise it will become marital property to be divided with your spouse should you divorce.


Staying with this hypothetical situation, the house may or may not be a total marital asset, it depends on the character of your parents gift for the the down payment.  Typically parents give money to the happy couple, but when the happy couple gets divorced, the parents sometimes remember they really gave this money to their child alone.


Often the only proof of the parents intent is to whom they wrote the check.  If they wrote it to both of you, their gift will be considered a gift to both of you and the entire house is a marital asset.


I practice primarily in the area of family law divorce, child custodychild support, enforcements, contempt, modifications,paternity suits, visitation, adoptions, grandparent’s rightsname changes, protective orders and spousal support or alimony. Arthur Augustine My Google Profile

San Antonio Divorce Attorney Arthur G. Augustine, Board Certified - Texas Board of Legal Specialization


San Antonio Family Attorney Arthur Augustine
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