Practicing Family Law With Heart For More Than 25 Years

What is a reimbursement claim in a Texas divorce?

On Behalf of | Mar 31, 2022 | Blog, Divorce

Divorce can be a complicated process no matter where you live, but rules and claims tend to vary from state to state. In Texas, there’s something called a reimbursement claim.

You can ask for a reimbursement claim in a Texas divorce if you believe that married or separate assets were used to improve upon a certain property. For example, if Person A owns a car and it’s just in their name, it’s considered separate property. However, if Person A’s car needs repair work and they used funds from a joint checking account, Person B can then ask for a reimbursement claim. This would give Person B a small payout, essentially reimbursing them for the money they put into the other person’s car.

What are the various types of reimbursement claims?

There are a few different types of reimbursement claims that can be asked for in the court. Reimbursement claims can be used to ask for a reduction in debt, reimbursement for the time that one spouse put into a marriage or separate business, or even shared debt payments.

Just like there are different types of reimbursement claims, there are also things that are not allowed to be put forth for a reimbursement claim during the divorce. These include things like child support or alimony, living expenses and student loans.

Is a reimbursement claim always granted?

No, a reimbursement claim isn’t always granted. The judge will consider it based on the evidence that is brought forth by the person who is requesting the claim. The burden of proof falls on the person who is requesting the reimbursement claim. With that being said, the other person will have a chance to dispute or defend themselves against that claim.

It can be hard to decide whether you should file a reimbursement claim. It’s important to look over all the facts and figures of your divorce before you make a decision.