Legal Question in Family Law in Texas

New home protected in divorce

I recently filed for a divorce. I want to start having a new house built immediately and I have been told by friends that anything purchased or done after the filing day of the divorce, will not be considered community property and therefore my spouse cannot have any claim to it in the divorce. Is that true?


Asked on 8/18/05, 10:25 am

2 Answers from Attorneys
Eric Williams Law Office of Eric L. Williams

Re: New home protected in divorce

It is NOT TRUE. Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. That means until you actually get finally divorced, any property you get is presumed to be community property. There may be ways to defeat the presumption, and you will need to seek specific legal advise regarding those issues.

Thank you for your inquiry.

ERIC WILLIAMS

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Answered on 8/18/05, 6:55 pm
Fran Brochstein Attorney & Mediator

Re: New home protected in divorce

Are your friends attorneys in Texas?

I think not.

Texas has no legal separation so community property and liability continue until the day of divorce.

Better safe than sorry!

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Answered on 8/18/05, 3:15 pm


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