You asked the following question on avvo:
"The house was purchased after marriage and both names are on the title. I paid in cash without mortgage. But I have a proof that my parents gifted the money to pay half the house and I paid the other half by my personal CD account money which I saved before marriage. My wife asked for 50% of the house to pay her. I know Texas is community property, but how much chance I can argue that I paid a lot more than her and she is not entitled to 50%, probably only like 20-30%. I really appreciate if there is a solution and an advice to reduce the hurt of losing a lot of money.
Actually I found I may miss a little info that my wife uses 5% of her separate money. So the house is 5% of her separate money, 45% of my separate money, and 50% of my parents' gift to me. Does this law still apply to my case? Sorry that I wasn't clearly mentioned in the question since I was thinking my chance is too low and missed the 5% portion of my wife's money for the house."
The information there conflicts with the information you provided in your original post. You didn't mention your CD or your wife's contribution.
I don't know that it makes much difference but I bring it up to illustrate that the problem with getting answers on the internet is that the contributors don't get the full story, not like your lawyer gets when he sits down with you and gets all of your information and documentation.
On avvo you got responses from three Texas divorce attorneys.
Mark Poling: "You need to hire an experienced family law attorney to help you deal with this issue. Division of the marital estate is a very nuanced process and is especially difficult if you are talking about tracing the separate and community finances to see who owns what portions of the estate and or who is due a reimbursement. From the details you placed in your question it looks like the home is community property because you purchased the property after you were married and you and your wife's name are on the title. You may be able to argue for some kind of reimbursement, but that will be a hard argument and will require expert legal assistance."
Charles Hardy: "From the facts, it appears that your separate estate may own 100% of the house. Consult an attorney and present your facts and financial records."
Tho-mas Daley: "The house is 100% community property. You have a significant reimbursement claim from the community estate to your separate property estate. All this assumes you can bring court-admissible evidence that clearly and convincingly establishes the separate property character of the cash you paid.
Here's the rationale:
1. CHARACTER OF HOUSE: In Texas, property is characterized as separate or community (or, lord help us, mixed) at the inception of title. Not at closing. For real property, inception of title is at the moment you, she, and the seller(s) signed an agreed purchase/sale agreement. The moment that agreement was signed, the home became property of your community estate. There's a ton of case law on that issue and it's beyond debate.
2. REIMBURSEMENT. You have a reimbursement claim against the community estate's equity in the home. As I said above, 100% of the equity in the house belongs to the community estate, but the community estate owes you the amount of separate property money that you put towards the purchase of the home."
The concensus seems to be that you might have a claim for reimbursement based on the contribution of your sole and separate funds.
But that's all I can agree on and there's no guarantee as to how it will play out in court.
Your attorney will have to thoroughly review your situation and your evidence and then compile case citations to support a claim for reimbursement.