Thursday, September 10, 2009
Ending a Marriage in Texas
Under Subitlte C. Dissolution of Marriage
Chapter 6 - Suit for Dissolution of Marriage
Chapter 7 - Award of Marital Property
Chapter 8 - Maintenance
Chapter 9 - Post-Decree Proceedings
Chapter 6 - Suit for Dissolution of Marriage
Chapter 7 - Award of Marital Property
Chapter 8 - Maintenance
Chapter 9 - Post-Decree Proceedings
Premarital & Marital Property Agreements
TX Family Code Chapter 4
TX adopted the UNIFORM PREMARITAL AGREEMENT ACT prmulgated by the NATIONAL CONFERENCE OF OCMMISSIONERS ON UNIFORM STATE LAWS.
The Act is in effective in 27 jurisdictions (aka "states") in the US -- includes District of Columiba, Arizona, Arkansas, California, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Mexico, N. Carolina, N. Dakota, Oregon, Rhode Island, S. Dakota, Texas, Utah, Virginia & Wisconsin.
TX adopted the UNIFORM PREMARITAL AGREEMENT ACT prmulgated by the NATIONAL CONFERENCE OF OCMMISSIONERS ON UNIFORM STATE LAWS.
The Act is in effective in 27 jurisdictions (aka "states") in the US -- includes District of Columiba, Arizona, Arkansas, California, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Mexico, N. Carolina, N. Dakota, Oregon, Rhode Island, S. Dakota, Texas, Utah, Virginia & Wisconsin.
Claims for Economic Contribution & Reimbursement are changed
See Chapter 3 - Subchapter E of the TX Fam Code. Many changes made in 2009.
The new name is "Claims for Reimbursement".
The new name is "Claims for Reimbursement".
Employee Benefits
In 2009, the TX Legislature repealed some sections dealing with "defined benefit retirement plans".
Presumption of Community Property
TX Fam Code 3.003 -- it is presumed that all property owned by one or both spouses is community property. The burden of proof to make an item separate property is by "CLEAR AND CONVINCING EVIDNECE".
So if you inherit $50,000. Put it in a separate bank account. If you put it into the joint bank account, for even one day, it co-mingles the property.
So if you inherit $50,000. Put it in a separate bank account. If you put it into the joint bank account, for even one day, it co-mingles the property.
What is "separate property"?
See TX Family Code Section 3.001 --
Basically:
1. anything you owned before marriage
2. anything you acquired during the marriage through inheritance or gift;
3. the recovery for personal injuries sustained by the spouse during the marriage, except for recovery of loss earning capacity during the marriage.
Basically:
1. anything you owned before marriage
2. anything you acquired during the marriage through inheritance or gift;
3. the recovery for personal injuries sustained by the spouse during the marriage, except for recovery of loss earning capacity during the marriage.
Informal Marriage
You can go to your local court house and sign a form that states that you have an "informal marriage".
Many people do this. If this is done, then you need to file for divorce.
Many people do this. If this is done, then you need to file for divorce.
How to end a common law marriage?
2 ways:
1. File for divorce -- or
2. It is evidentiary presumption of no marriage if a suit for proof of marriage is NOT filed within two (2) years of the parties having "separated and ceased living together". In other words, this presumption that there was no "marriage" can be fought and depending on the evidence produced for the judge's review, the presumption that there was never a marriage can be overcome.
1. File for divorce -- or
2. It is evidentiary presumption of no marriage if a suit for proof of marriage is NOT filed within two (2) years of the parties having "separated and ceased living together". In other words, this presumption that there was no "marriage" can be fought and depending on the evidence produced for the judge's review, the presumption that there was never a marriage can be overcome.
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