Legal Question in Family Law in Texas

Re: marriage question

I would suggest a pre-nuptial and a post-nuptial that clearly spells out what happens in case of a divorce and what each of you own on the date you married.

Next, it is your burden to show that it is your separate property.

What does that mean? I'd have paperwork, video, photos, etc. before you marry showing what you owed before your marriage.

Then, keep your separate property separate. No joint accounts. No co-mingling. Keep the paperwork in a safe place (not at home!) so it can't "disappear".

In Texas, everything is presumed to be community property once the marriage occurs. Therefore, paperwork is your friend. Document, document, document.

If you sell your car, the new car purchased during the marriage would then be community property.

I urge you to talk to an attorney in person about your concerns. It could save you a bundle in the future.

Re: marriage question

Generally, property owned before marriage is considered separate property and is not part of the community estate. Remember that a non-owner spouse may be entitled to reimbursement for that spouse's seperate funds used to improve real property, for example. Be careful how you invlove your new spouse in your existing business as you may be subject to reimbursement claims for any labor or cash equity your spouse invests in the enterprise. You should consult a competent family and/or business attorney.