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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29228
Experience:  29 years as a family law lawyer .
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My wife from 2nd marriage moved away in sept of 2008 a couple

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My wife from 2nd marriage moved away in sept of 2008 a couple of weeks shy of our 6th anniversary. She would like to divorce and has forwarded to me a waiver of right to appear. My only problem with the wording of the divorce is that she believes that she and I will be able to reach agreement on property and if not prays that the court would settle. We had no children and the home was mine. When she moved away, she was allowed to take everything she wanted and when her daughter who stayed with me married, I gave the remainder of any items she wanted to her. My estranged wife had a large amount of credit amassed during our time together but our finances have been seperate even while living together. I paid all home expenses. She agrees to sign any property settlement that I send her but I need to know how to word it for past and future assets and liabilities. We were married in WV and she lives and filled in TX. Thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  RayAnswers replied 3 years ago.

RayAnswers :

Thanks for your question and good evening.

RayAnswers :

You should not sign this waiver until you resolve property.Otherwise she could set this without you and you don't know what she might do.You need a lawyer.This is not something you can do yourself because a house is involved and you will need the lawyer to prepare a quitclaim deed for the to sign as well as an agreement.Your lawyer here can also file an answer on your behalf.

Customer:

Her name has never been on the title to the house

RayAnswers :

The court still has to award you this as your separate property.If this was possible for you to complete it yourself I would gladly tell you how.But it's not because you are out of state and you need a local lawyer to prepare settlement agreement here and file an answer while you are negotiating.You have to file the answer now so that she doesn't get a default.If she gets a default she might get the house and assign the debt to you.You don't want that.Here is legitimate lawyer referral

RayAnswers :

Lawyer Referral Information Service (LRIS)



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If you are having a problem like this, contact us. We will help you find a lawyer or agency that best matches your legal needs. Please be aware that we are a referral service, and we cannot give legal advice. We refer you to a lawyer who can help.


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RayAnswers :

Be suspicious here anytime she files where she is at and you are far away you need a lawyer to make sure she gets as much of the debt as you can and that you get awarded the house from the judge.I've seen too many defaults where they get you to waive your rights here and they proceed to get it all and give you the debts.

Customer:

I am in WV. Do I need a lawyer from TX?

RayAnswers :

Yes because she filed there and you have to deal with it there.Also you should know that since you have been married all this time under Texas law anything accumulated here good or bad during the marriage up to the filing is considered community property and debt.If there are cars here or retirement or 401k or anything else it needs to be legally divided.Don't sign this until you are able to reach property division.You are waiving your rights to any further notice and the judge can then grant this without you ever knowing.

RayAnswers :

There are two major categories of property in the State of Texas:
community property and separate property.


Separate property is:



  1. property owned prior to marriage;

  2. property acquired at any time by gift or inheritance;

  3. recoveries for personal injuries sustained by a spouse during marriage (except for loss of earnings); and

  4. property exchanged for above items 1 - 3.


Community property consists of the property, other than separate property, acquired by either spouse during marriage. This is true even if only one spouse has possession of the property. Just because one spouse is named on the title, deed, or account; one person receives the asset as payment for personal services (ie: salary); or the asset will not be paid until a future date (ie: retirement) do not make it separate property. There is a presumption that all property possessed by either spouse is community property. Separate property ownership must be proven by clear and convincing evidence. The most common way of proof is by tracing the asset from the date of acquisition to present date. If the asset is money, and has been deposited into a joint account, or into an account with monies which would be considered community property (ie: salary) has been deposited, the separate property may become commingled to the point that it is not possible or cost-effective to prove its continued existence.


In Texas, the appreciation or increase in value of separate property is generally considered separate property. However, reimbursement may be due to one spouse or the community for contributions made during the marriage to enhance the value of one spouse's separate estate. (Reimbursement can work the other way also--separate property used to enhance the community property) However, income or interest earned on separate property is generally community property.

RayAnswers :

If you bought the home here pre marriage then you need the court to award it to you in the divorce decree/[property settlement.

RayAnswers :

I wish you good luck in all of this,A lawyer here can likely work with you to resolve all of this and get a fir division of the assets and debts.

RayAnswers :

more information

RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29228
Experience: 29 years as a family law lawyer .
RayAnswers and 2 other Family Law Specialists are ready to help you

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