
It is very common that prior to getting married, one spouse may own a home. It is also common that during the marriage, the “community” continues to pay off the mortgage, or significant renovations are made that improve the value of the house. Then the couple decide to get divorced. Is the spouse who doesn’t own the home but who has contributed to the mortgage or put a lot of time and effort into renovating the house entitled to any kind of “reimbursement” when they get divorced? They could be!
The Texas Family Code provides for a party to bring a reimbursement claim in situations like the one above.
Reimbursement can be necessary to evenly divide the assets of a marriage if those assets cannot be separated from the asset that has increased in value during the marriage. That can include the increase of the value of a house because of renovations.
The most common reimbursement claim in a divorce in Texas is by the community estate against a spouse’s separate estate. Other Texas reimbursement claims that can be made include situations where:
Texas Family Code 3.402 allows for several claims for reimbursement. In Texas, courts allow reimbursement for claims in which one spouse:
Claims that are ineligible for reimbursement include:
Reimbursement claims can be a complicated aspect of a divorce. If you think you may be entitled to a reimbursement claim, please reach out to us.
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