Yet another case holds that a refinance of the mortgage during the marriage on a spouse’s separate property house does not change the separate property nature of the asset. The opinion in Despain v. Despain, 704 S.W.3d 866 (Tex. App. – Austin 2024, pet. __) states:
The fact that the parties refinanced the Property with a loan obtained by both Husband and Wife during the marriage also did not transform the Property into a community asset. See e.g., Howe v. Howe, 551 S.W.3d 236, 255-56 (Tex. App.—El Paso 2018, no pet.) (when couple borrowed funds to pay off mortgage on house that was spouse’s separate property, this did not transform house into community property); Langston v. Langston, 82 S.W.3d 686, 687-88 (Tex. App.—Eastland 2002, no pet.) ( trial court’s determination that community property interest in real estate was created by execution of note evidencing loan on property).
Id. at 870.