Legal Question in Family Law in Texas

my husband just bought a new vehicle, but he put it in his son;s name so if we divorce it won;t be considered community property. can he get away with this? he said it will be hidden where the money will come from to pay it where it will look like his son is paying for it.


Asked on 5/03/11, 12:50 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Unfortunately people do things like this all the time. Judges are used to seeing this sort of thing.

If you are able to have some sort of "proof" of where the money came from - joint savings or checking account - put it in a "safe" place. If he put what he said in an email or a text message, print it out and save it! If he has told this to people, be sure to ask them if they will testify to this in court! Be sure to write down the date & what he said so that it will be fresh in your memory -- WRITE IT DOWN NOW -- YOUR MEMORY WILL BE FUZZY AS TIME GOES BY!

Since it sounds like you are headed for a divorce, I urge you to visit an experienced family law attorney NOW for a pre-divorce meeting about what you need to be thinking about NOW to prepare yourself in case you divorce.

I don't know where you live but I do this for $250 an hour. Email me at [email protected] if you are interested.

I might have written something a couple of years ago on my blog www.txfamilylaw4u.blogspot.com -- check it out.

If you can safely make copies of tax returns, bank statements, investments, etc. and put them somewhere safe -- not in your home or car -- I would begin doing it NOW. If possible, put the copies at work or at a friend's home -- SOMEWHERE HE CANNOT FIND IT.

Also, anything that he has given you over the years as a gift (jewelry, furniture, guns, etc.) are your separate property. It also goes for him.

Plus anything that you (or he) inherited or received from someone as a gift belongs to you as your separate property if you kept is as your separate property. So if your parents gave you $5,000 and you kept it in a separate account and never put it in a joint bank account, then you can "track" it as your separate money in the divorce. However, if you put it in a joint bank account you have "mingled" it with your joint money & that will be a problem. So if you have birthday cards or Valentine's day cards keep them because they prove that he gave you gifts -- especially if he wrote "I hope you enjoy the bedroom furniture" -- that proves the bedroom furniture is your separate property!

However, if you think that he will get angry & potentially physically harm you if he finds anything them DO NOT do any of this!! Physical stuff is not worth your life. Be safe!

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Answered on 5/03/11, 9:34 pm


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