Archived
If my husband uses separate property funds to improve our community property house, what does that mean if we get divorced?
Thomas's answer
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Answered on February 04, 2016
For the sake of clarity, his reimbursement claim would be "measured by the enhancement in value" to the home. Tex. Family Code section...
Archived
Will we be able to relocate out of state based on the information stated out of the child custody order we have?
Thomas's answer
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Answered on February 04, 2016
Your quote from the last paragraph is cut off. It probably continues with the words "(ncp) does not live in (county), Texas or any contiguous...
Archived
If my finance agrees to make the house that he is purchasing community property in the pre-nup, is that legal?
Thomas's answer
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Answered on February 04, 2016
NO.
Section 4.202 of the Texas Family Code says that, "At any time, spouses may agree that all or part of the separate property owned by either...
Archived
Do I need to file a new petition or simply pay the fee and proceed with the process? Also do I need ID to get on the docket?
Thomas's answer
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Answered on February 04, 2016
All that was denied was your claim of indigency. Your petition should still be active. You can look for your petition at this web site:...
Archived
I am in process of divorce. I have a vehicle that is in my mothers name and is paid off. Can husband fight for it?
Thomas's answer
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Answered on January 31, 2016
He's going to claim reimbursement for the value of the vehicle. He won't get the vehicle, but he may get a correspondingly higher percentage of the...
Archived
What is going on? What is next? What should I do? Can I proceed with all this along?
Thank you in advance for your advice
Thomas's answer
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Answered on January 31, 2016
#1: Make sure you have filed an answer in your case. It is very important that you do that. Otherwise, you could end up with a very bad outcome....
If my fiance buys a house just before we get married and my name is not on the title is it considered community property?
Thomas's answer
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Answered on January 31, 2016
If the house was purchased prior to marriage, then, based on the inception of title rules, it is is your fiance's separate property house. The only...
Archived
How old does a kid have to be to say who they want to live with
Thomas's answer
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Answered on January 31, 2016
If there are custody orders in place (e.g. a child support order or a divorce decree), then (a) the children can express their preference to the...
Archived
If divorce paper doesn't get signed by other party, then what happens next?
Thomas's answer
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Answered on January 31, 2016
First, just file and try to have him served by registered mail. That will probably fail. Then you'll execute an affidavit in support of service by...
Archived
Can I get money back I put into the house if my husband owned it before we got married?
Thomas's answer
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Answered on January 31, 2016
It depends, but probably not.
In a divorce, you would argue that your income (which is community property) paid his separate property mortgage....
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