Quentin Fottrell

Mon, May 26, 2025, 1:50 PM3 min read

In case of potential divorce (possibly within the next couple of years), would I have any claim to a house my spouse bought prior to our marriage? We are actively in the process of selling it, and funds from our joint money-market savings account have been used toward renovation in preparation to sell.

There were many expenses, such as replacing all the carpeting, adding new siding, fixing the foundation, etc. My name is not on the deed to that rental home, but we have been married 15 years, and to reiterate, joint funds were used to prepare it for the market. We live in Texas. I wondered if I would be able to gain a portion of the profit when the home sells.

• ‘Is this a good tax strategy or a sham transaction?’ My mother wants to give me her home. I have a plan to avoid taxes.

• My husband used my money to renovate his house. Will I now get half of his property in a divorce?

• After 25 years, I finally asked for separate checks — and my friends iced me out. Did I do something terrible?

• I’m hosting a Memorial Day barbecue. Would it be so bad to ask my guests to make financial contributions?

• My brother’s ‘good daughter’ siphoned $70,000 from her father’s accounts. Should she still get an inheritance?

The Wife

Related: ‘I’m divorcing after a lot of heartache’: Should I suggest my husband keep his $200,000 401(k), so I can take our $360,000 house?

There are three parts to your question: Do you have an ownership stake in the house? Will you get access to those funds now? And what will happen if you divorce?

Yes, you will have an ownership stake in the house if you divorce. If you and your husband used joint funds to make significant renovations to the house, you will have commingled it from being separate property to commingled property. Whether you get access to those funds after the sale depends on where your husband decides to deposit the proceeds; he could put that money into a bank account without your name on it. If you divorced, a judge would decide the extent of your ownership in the house and would take that into account when splitting your assets.

“In Texas, the court uses a tracing method to determine how much commingled property is separate and how much is marital property,” according to the law offices of Kary L. Key in Weatherford, Texas. “This can be a complex process that requires careful analysis of bank statements, financial records, and other documents. The court will typically look at how the assets were obtained and when they were acquired.” If your husband used the proceeds from this sale to buy another home, that means he would be using marital funds to buy another house during your marriage.