Legal Question in Insurance Law in Texas

My separated wife is on my homeowners insurance policy. when my rental house burned down my separated wife had not lived in my home at the time of the fire for over three years and had no property in the home at the time of the fire, she has filed no claim, and state farm ins.inc. knows she was not a occupant on the property and will not be filing a loss or claim, my question is, how can i get my separated wife's name off my insurance settlement and rental reimbursement checks ? could i get her name off by just going ahead and filing for divorce ? very truly yours lee


Asked on 1/07/10, 6:41 pm

1 Answer from Attorneys
Heather Kubiak The Kubiak Law Firm PLLC

It appears that you live in Texas. Texas is a community property state, which means that the law assumes that (even when separated) half of each of your assets and debts belong to your spouse.

An insurance company will usually not get in the middle of determining whether you and your wife are separated or whether she had property at the rental property.

The best option is for you to ask your wife to endorse the check, and then you deposit the check into your account without paying her any of the proceeds of the check.

Do you both intend to get divorced? If so, you can avoid these kinds of mix-ups in the future by getting divorced; however, merely filing for divorce won't stop the creation or assumption of community property. It appears from your zip code provided that you live in the Dallas/Ft. Worth area. You may check this link to the Tarrant County Bar Association to determine if you are eligible for legal aid, or if you would like a referral to a family lawyer who can help. http://www.tarrantbar.org/FortheCommunity/tabid/207/Default.aspx

Good luck and I'm sorry about your house!

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Answered on 1/13/10, 7:21 am


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