Legal Question in Family Law in Texas

divorce

I am the beneficiary of the interest income from a trust. I put that income in a joint bank account with my wife. As a result is the interest income community or separate property?


Asked on 2/12/09, 8:06 pm

2 Answers from Attorneys

Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: divorce

If this were litigated under NC Law and the trust income were considered your separate property, depositing it to a joint account could be determined to be a gift of the income to the marriage. These moneys would certainly be included in any determination of dependent/supporting spouse for purposes of post separation support and alimony.

NC does not have a concept of community property except upon a legal separation, the claim of equitable distribution can require that property held by one spouse but marital property be subject to division.

See a NC attorney for more info.

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Answered on 2/16/09, 9:50 pm
Robert Matlock Robert J. Matlock, P.C.

Re: divorce

Income generated by separate property is community property.

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Answered on 2/13/09, 10:45 am


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