Legal Question in Family Law in Texas

separation/purchasing real estate

I have been separted for 7 years and would like to purchase a property. Will my spouse have legal right to it?


Asked on 4/19/08, 11:52 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: separation/purchasing real estate

Texas does not have legal separation.

In Texas you are married or you are divorced.

Anything purchased during the marriage, cars, land, retirement,etc. is assumed to be community property.

If you receive a gift or inheritence, that is considered separate property if you keep it separate from all community assets.

Likewise, on debts.

Your spouse can give up his/her right to the land.

I encourage people to divorce before purchasing anything.

A divorce must be on file for at least 60 days.

If you aren't going to be together, you might as well divorce.

Lastly, if you don't have a will, you definately need one. Otherwise, your spouse will inherit. If that is not what you want, you need to write a will that designates who you want to leave your property to.

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Answered on 4/19/08, 3:50 pm


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