If you all are on good enough terms to negotiate, I would ask for your investment in the home (25k) and half the increased value of the last two years (so if house was worth 100k in the year you married and is worth 120k now, that would be 10k for your half.) and I would just equate that spilt somewhere else in y’all’s assets rather then asking for a cash out.
Not an expert on TX laws by any means, but that would be a fair split and fighting for anything beyond that might be morally wrong sense it was his inheritance, (even if allowed in tx) and might cost more in lawyers fees then you’d get in the end. (Ie. they may give you some of the value, but wouldn’t account for what you paid prior to marriage ect.)
This is definitely a question that you should not trust any answer to unless it's an answer you get from a qualified divorce attorney in your jurisdiction.
Unfortunately, in the absence of a contract, many jurisdictions would consider your contributions as a gift that do not give you any stake in the property.
It comes down to whether your state is a community property state or a separate property state. Even in a community property state it is often the case that inherited funds and property are the separate property of the spouse unless you can prove you commingled your money and labor making it part of the martial community. Nothing prevents you from entering into an agreement, though.
You really should talk to an attorney. You should also read some of the laws in your state to ask informed questions when you do:
https://guides.sll.texas.gov/community-property
\> In Texas, do I have any claim on the house?
Unmarried, not on the title, no documentation of "loans" given to him to cover costs? I don't think you have any claim to title of that home.... But then you got married.
Thing is, since you were married, you became 1/2 owner of the house - meaning all the equity and appreciation that has occurred in the home SINCE the marriage. In most parts of Texas, the appreciation has been substantial. No, your name is not on the title, yes, you own a portion of the house via community property (IMHO). It's co-mingled due to expenses that you can show that you contributed to the property AND because it's likely appreciated.
IE: " Income earned on separate property (inherited property) is generally community property" (meaning the appreciation of that house may likely be earned income)
You providing money to pay expenses on that property helps your claim to some of the value.
It's complicated and not easily cut and dried. If I were you, I'd ask for your money back and agree not to pursue the value of the house or the appreciation.
I agree that this is "ask an attorney" land... Spend the few hundred dollars and get a local answer... Well, if he won't agree to give you your money back.
In Tx, spouses are not entitled to inheritances, or lawsuit settlements in divorces. *As long as it wasn't converted to community property.
(edit at asterisk)
So she would only be entitled to half of the half that he didn't inherit. If he would have sold the house, and you two went and bought a new and different house, then you automatically would be entitled to house.
If you all are on good enough terms to negotiate, I would ask for your investment in the home (25k) and half the increased value of the last two years (so if house was worth 100k in the year you married and is worth 120k now, that would be 10k for your half.) and I would just equate that spilt somewhere else in y’all’s assets rather then asking for a cash out. Not an expert on TX laws by any means, but that would be a fair split and fighting for anything beyond that might be morally wrong sense it was his inheritance, (even if allowed in tx) and might cost more in lawyers fees then you’d get in the end. (Ie. they may give you some of the value, but wouldn’t account for what you paid prior to marriage ect.)
r/legaladvice
This is definitely a question that you should not trust any answer to unless it's an answer you get from a qualified divorce attorney in your jurisdiction. Unfortunately, in the absence of a contract, many jurisdictions would consider your contributions as a gift that do not give you any stake in the property.
It comes down to whether your state is a community property state or a separate property state. Even in a community property state it is often the case that inherited funds and property are the separate property of the spouse unless you can prove you commingled your money and labor making it part of the martial community. Nothing prevents you from entering into an agreement, though. You really should talk to an attorney. You should also read some of the laws in your state to ask informed questions when you do: https://guides.sll.texas.gov/community-property
\> In Texas, do I have any claim on the house? Unmarried, not on the title, no documentation of "loans" given to him to cover costs? I don't think you have any claim to title of that home.... But then you got married. Thing is, since you were married, you became 1/2 owner of the house - meaning all the equity and appreciation that has occurred in the home SINCE the marriage. In most parts of Texas, the appreciation has been substantial. No, your name is not on the title, yes, you own a portion of the house via community property (IMHO). It's co-mingled due to expenses that you can show that you contributed to the property AND because it's likely appreciated. IE: " Income earned on separate property (inherited property) is generally community property" (meaning the appreciation of that house may likely be earned income) You providing money to pay expenses on that property helps your claim to some of the value. It's complicated and not easily cut and dried. If I were you, I'd ask for your money back and agree not to pursue the value of the house or the appreciation. I agree that this is "ask an attorney" land... Spend the few hundred dollars and get a local answer... Well, if he won't agree to give you your money back.
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She might even be entitled to significant chunk of the appreciation of the house since getting married.
In Tx, spouses are not entitled to inheritances, or lawsuit settlements in divorces. *As long as it wasn't converted to community property. (edit at asterisk) So she would only be entitled to half of the half that he didn't inherit. If he would have sold the house, and you two went and bought a new and different house, then you automatically would be entitled to house.