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Hilton K. Moore

Hilton Moore’s Answers

46 total

  • How do I minimize the damage of a Common Law divorce in Texas?

    I have a common law wife in Texas. She quit working for no reason. She is not disabled in anyway and we have no kids. This went on for 7 years. I moved out of our house Sept 2012, and moved into a female coworkers place until the house sold. I was...

    Hilton’s Answer

    • Selected as best answer

    You definitely need an attorney, and right away.
    Under 2.401 (about common law marriage), "If a proceeding in which a marriage is to be proved as
    provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not
    enter into an agreement to be married."
    Given the dates in your answer, you may very well want to assert that no common law marriage exists.

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  • Do I have to wait the six month period for "establishing residency" to file for divorce?

    I was married in Texas but moved away to Michigan with with my husband as a student. Since I was a student and we didn't plan on living there for long I never changed my drivers license. Since then we decided we wanted to divorce, and I moved back...

    Hilton’s Answer

    You don't mention how long you lived in Michigan, but, IMHO, unless you can demonstrate that it was truly "temporary", a court would require you to live here for the required six months before filing. Otherwise, he may challenge your filing.

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  • Are there legal options to stop a spouse from returning to a home they have abandoned for someone else?

    Home jointly owned in Tx. Spouse has been seeing someone else, coming home less & less for a yr.. 6 wks. ago spouse voluntarily moved out, stating he wanted nothing from the house. Now wants to come back to spare room until divorce final & home ...

    Hilton’s Answer

    The legal option is to ask the court to make Temporary Orders, and as part of that to ask that one side have "exclusive use and possession" of the house. The other side still has a property interest there, but can't come and go as they please. Courts are usually willing to do this.
    But, if the other side has to go get a place, all community income may come into play as to how to pay for that second residence.
    Conferring with an attorney is your best bet on this kind of case.

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  • Can I modify the mediated settlement agreement?

    Can I modify the mediated settlement agreement? My x husband and I we has a joint custody and we had a new mediated settlement agreement only a couples months ago then circumstance happen and i need to change but his not agreeing with me. but I ne...

    Hilton’s Answer

    I agree with the last answer. Normally no, but if the change you refer to is consider by the court to be a "material and substantial change in circumstances", then yes, you may be able to ask for changes. That the same standard that would apply if the MSA had become an Order.
    Confer with an attorney about the change and whether it would meet that standard.

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  • In a divorce decree am i required to pay half of all maintenance and monthly payment until land sells

    The land is in Texas. I was forced to leave 3 years ago. My daughter and i are barely paying our apt rent which is 300.00 more expensive than the land payment where he still lives. He makes twice as much as both of us together and yet he wants me ...

    Hilton’s Answer

    Does the Decree state that you each pay 1/2? If so, you may be obligated to do so. But, if you cannot keep up with the obligation, it's sometimes possible that your shortfall can be made right in the distribution of the proceeds once it's sold. Also, is the land being sold in a timely way? If not, perhaps an attorney can help with that.
    I'd suggest getting an attorney right away.

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  • Is there any way to have my spouse be responsible for legal fees I accrue during the Divorce proceedings?

    I have been unemployed for 6yrs, a stay at home mom to our daughter, and depleted all my savings and checking paying what is considered my part of the bills. He is adamant he has no responsibility to me financially.

    Hilton’s Answer

    You are both possibly guilty of thinking of your money and his money as your separate funds, when you are in fact married in a community property state, meaning that the monies are community funds. Which means that whatever attorneys fees are generated during the divorce will be paid by your community estate, regardless of whether you've been thinking of those funds are your separate monies.
    In Temporary Orders, the court may have him help you with your temporary bills, and you may be eligible for child support and spousal support after the finalization of the divorce.
    You would need a consultation with an attorney to learn the answers to those questions.

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  • Can i keepmy house that I work out of and kids over 21 still live in in texas divorce, Ihave paid all the payments for25years


    Hilton’s Answer

    Have you been married for those 25 years? If you, YOU didn't make those payments, Y'ALL did. Meaning, as the previous answer said, that in a community property state, your income is y'all's income, not yours alone. So, the answer to whether you can keep the house depends in whether there are other components to the asset/debt division that allows you to make a fair overall division while keeping the house. Also, whether you can borrow and pay your spouse enough to make the division fair.

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  • How can I get back my passport and documentation from my mother in law, in case of separation or divorce?

    I'm a foreign spouse living 5 years in not so healthy relationship. I tried to work on the issues many times, but I don't get any support from my husband or his family. My mother in law keeps all my documentation, I tried calling her and my husban...

    Hilton’s Answer

    I agree with the previous answer. To be more specific, a Temporary Orders hearing, after the filing of the divorce, may be the best way to deal with the possession of all kinds of property, but those items in particular.

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  • Refinancing and going back to court to change decree

    In the decree it states that refinance is to be accomplished but no deadline date. If I am asking my ex-spouse to please do this as it is affecting me and my credit due to it being held up and my military benefits being tied up can I go back to c...

    Hilton’s Answer

    If the Decree is not specific as to when payments are to be made, you're likely looking at a Clarification, not an Enforcement, since your ex-spouse isn't officially in default on a court-ordered obligation. But, that would be well worth the effort, IMHO.

    Spousal support can be modified. You'd need to talk to an attorney about the arguments for and against.

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  • Divide property with joint names during divorce

    I live in Texas, and my parents used their money to pay the whole price of the property in Texas and used both my wife and my name on the title. I really need a way to avoid the property being considered as community property since my parents spe...

    Hilton’s Answer

    This could be very tricky. The titling in joint name is going to give rise to an assumption of a gift to the both of you, which would be joint separate property (and would effectively be like community property). Your parents could testify that they intended a gift to just you, if that was the case, but that would be hard to do in the face of that titling, and, if it went to judge, a judge could choose to believe the titling over the testimony.
    Making it even trickier is that since it's arguably joint separate property, the divorce court may not even have jurisdiction over the issue.
    Get an attorney. For sure in this fact scenario.

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