Question about private loan - forcing SIL out of house

[adjusterjack]

Sorry, OP lives in Texas.
Texas is a community property state.
The home purchased by the wife was acquired during the marriage.
Therefore, BOTH spouses own the home.

No, they don't both own the home. The home is the wife's sole and separate property and always will be unless she adds her husband's name to the deed.

The husband has a community property interest in the home under appropriate circumstances. That is not the same as ownership.

A community property interest can be satisfied in a variety of ways during divorce without having any affect on the wife's ownership of the home.

I got divorced in Arizona (also a community property state) and educated myself quite thoroughly on the subject.

 

[army judge]

No, they don't both own the home. The home is the wife's sole and separate property and always will be unless she adds her husband's name to the deed.

The husband has a community property interest in the home under appropriate circumstances. That is not the same as ownership.

A community property interest can be satisfied in a variety of ways during divorce without having any affect on the wife's ownership of the home.

I got divorced in Arizona (also a community property state) and educated myself quite thoroughly on the subject.

Good for you.

I'm sure you believe that which you choose to believe.

If property is acquired by one spouse during the marriage, the other spouse owns half of the interest the other acquired.

Truth is, until the mortgage has been paid in full, the lender owns the home.

If any equity exists, both spouses have a 50% stake in it.

If one spouse defaults on the loan, watch where the lender goes to seek satisfaction.

 

[adjusterjack]

If property is acquired by one spouse during the marriage, the other spouse owns half of the interest the other acquired.

That's right. That's what I said and you've just confirmed my comment. The other spouse owns half of the INTEREST the other acquired but has no OWNERSHIP of the property itself.

With all due respect, perhaps you have a divorce attorney friend who can explain that distinction to you if you aren't accepting it from me.

 

[army judge]

That's right. That's what I said and you've just confirmed my comment. The other spouse owns half of the INTEREST the other acquired but has no OWNERSHIP of the property itself.

With all due respect, perhaps you have a divorce attorney friend who can explain that distinction to you if you aren't accepting it from me.

I'll hop right on that, because I care a great deal.

 

[ElleMD]

Even if they both own the home, the tenancy is separate from the loan to the sister. That was the point I was trying to get across.

 

[adjusterjack]

There are still some things that aren't clear but the OP hasn't been here since Thursday night so I guess it's a dead issue.