Legal Question in Family Law in Texas

Community and Personal Property

In the state of Texas, if someone is separated and trying to divorce, when does their money they are making during the separation and divorce become their money only and not community? What is the timeframe, and how long can the other party keep postponing the final hearing just for sake of having their bills continued paid?


Asked on 7/27/01, 4:56 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Community and Personal Property

Thank you for the oportunity to mention Texas law one more time --

TEXAS DOES NOT HAVE SEPARATION.

YOU ARE EITHER MARRIED OR DIVORCED.

Therefore, until the date the judge signs the Final Decree of Divorce, your assets and liabilities are community property.

For example, if she hits a bus load of kids while she is drunk and she gets sued, you are also liable. Alternatively, you win the lottery next week - she gets half.

Additionally, if you have been married approximately 10 years then you need to get a divorce finalized. After 10 years a spouse can be alimony in Texas for up to 3 years. Lastly, if you hit her in the last year you can be ordered to pay alimony.

If you are in the Houston area, please call me 713-847-6000. Be sure to let me know that you found me on lawguru.com

Best of luck.

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Answered on 7/29/01, 7:00 pm
Jean Sudduth Jean Sudduth, Attorney at law

Re: Community and Personal Property

Love is a wonderful thing. We promise to love honor cherish and support til death do us part - or until divorce do us part. Until death or divorce we have promised to love honor and pay bills. Get a lawyer and get the divorce started. Until divorce is final you are joined at the hip and if there is no will that spouse of yours is entitled to most of what you own. Get a divorce and get a will if you really want the marriage over. Until divorce, you have big obligations to one another. Scariest days of my life were when divorce court clerks were unable to find my final decree 20 years after I though I was divorced. ( lucky me -- they found the file)

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Answered on 7/28/01, 1:41 am


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