Legal Question in Family Law in Texas
Statute on seperation
Is there a statute for seperation in which after a certain amount of time a marriage would attomatically be considered terminated? Also, if I were to purchase a house or a car with a married individual before a divorce was final could the spouse take those assets away from me in the event of death or just plain meanness? Thank you.
1 Answer from Attorneys
Re: Statute on seperation
There is no such thing as a common law divorce. Adivorce requires an order of the court. Assets acquired during marriage are presumed community property, but to take them away, the other party would have to be able to pay for them. If it's a house, the other party would have to show that their part of the community income supported the house. If they weren't around, that would be difficult. You should get a divorce, so that you don't have to worry about these things.