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I have read that if the parties split with intent to divorce that it isn't community, but if it was a trial separation, that it is community property. I can't find case law on the matter.
All property acquired during marriage is presumed to be community property. Because Texas does NOT recognize legal separation as a marital status, any property acquired prior to the entry of the final decree of divorce would be presumed community property.
I hope this helps!
I have already filed my divorce but my wife left and I don't know where she is. So I am going to post the papers at the courthouse.
Once you have properly served your wife, either in personally, of if the judge permits it, by posting, the petition for divorce must be on file for 60 days before the court can enter a final decree of divorce.
Hope this helps, and good luck!See question
filing for a divorce
You have to be a residence of Texas for 6 months and a resident of the county you live in for 90 days prior to filing for divorce in Texas.See question
My spouse just told me that he filed for a legal separation, without even talk to me before...I will like to know my rights and what does this means. Also i will like to know if this is true because i really doubt that he did it, there is anyway t...
Texas does not recognize legal separation. If your spouse has filed for divorce, you are required to be served with a copy of the citation and petition for divorce. Until this occurs, you are not obligated to do anything in response to your spouse's likely bluffs. You can also search the Tarrant County Court Records online to see if anything has been filed at this point.
Good luck, and I hope this helps.
I was five months pregnant when my husband abandoned me. Up until two weeks after giving birth. He basically kicked me out of the house for no reason and i was forced to move to another state to live with my parents with no financial support from ...
Texas does not have alimony. Texas has limited spousal maintenance in very narrow circumstances (none of which appear to apply to you). You can, however, seek temporary spousal support during the pendency of the divorce.
Good luck.See question
I got married about 6 months ago and my parents decided to give me an early inheritance gift. They are paying for me to build a house. This was not presented as a wedding gift, but as my inheritance. My wife feels if her name is not on the title t...
In Texas property acquired during marriage by a gift is considered separate property. However, there is a presumption that all property acquired during marriage is community property and the burden is on you to show that the property in question is your separate property.
Having your wife's name on the title isn't enough to show that the gift was meant for the both of you. Another thing to keep in mind is that later down the road, you can draft up an agreement between the two of you confirming that the house was gifted to you alone and confirm it as your separate property.
Regarding the tax issues -- if the community estate uses community funds to pay down one spouse's separate property obligations, then it is likely that a claim for reimbursement arises. Just be aware of this issue too.
Hope this helps and good luck.See question
my husband and i have been separted for 17 months, if i get some money will i have to share it with him when we divorce?
Texas does not recognize legal separation. Any monies that come in during the marriage are presumed to be community property and as such, it is subject to the just and right division along with the rest of the community estate. Unless you inherit the money, or it was gifted to you, then it is likely your soon-to-be-ex will be entitled to a portion of it.
I hope this helps and good luck to you.
I was given a citation. I had previously hired an atty for my divorce, made some payments but did not finish paying the atty. My atty withdrew my case because of monetary problems. I actually finished myself my final divorce decree. What happens i...
You have the right to represent yourself in court. I suggest however that you don't do so because of the details that are involved in litigation. A possible solution for you would to be to schedule mediation with a third party to help negotiate a settlement between you and your soon-to-be ex.
Good luck.See question
I had lost my job and wasnt' paying on them and now they are in default maybe even collections but my ex and I both signed on them but in the divorce decree it was decided that I be responsible for them. It was also my understanding however that ...
It depends on when you took out the student loans. If you did so prior to marriage, then the debt is solely your responsibility. It gets a little trickier if the student loans were taken out during the marriage. I need to know more about what you mean when you say both you and your ex "signed on them."See question
My husband has had several affairs and is an abuser of drugs and alcohol. He is currently seeking treatment, but I want to protect myself if I choose to stay married to him. Can I ask him to sign a postnuptial outlining the assets he will lose as ...
With regard to the assets, yes. However, any sort of possession and access to the children must be proven to be in the child's best interests. Based on the facts you presented, you could argue that the possession schedule you plan on putting in the postnuptial agreement would be in the child's best interests because of his drug and alcohol abuse. It is unlikely that a court would enforce your proposed possession schedule if it is based his adulterous activities.