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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2511
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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If my husband and I separted 6 months ago before filing for

Customer Question

If my husband and I separted 6 months ago before filing for divorce and I have evidence of an email he send me telling me he wants divorce right when we separted because I caught him cheating, does he have the right to take the money I made during our separtation?
Submitted: 6 years ago.
Category: Family Law
Expert:  S. Kincaid replied 6 years ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

Texas is a community property state. That means any assets (including your earnings) that were acquired during marriage (prior to divorce) are community property and are subject to equal division between the spouses.

JACUSTOMER-c302ml6r- :

what if I made the money after we separted

Steven Kincaid :

It is community property and the value should be divided between the spouses (as should the income he earned, if any)

JACUSTOMER-c302ml6r- :

I went to go work in Afghanistan with the army and made money we were not living together and decided we wanted divorce

Steven Kincaid :

How did he get the money?

JACUSTOMER-c302ml6r- :

I worked as a linguist with the army in afghanistan and came back after my injury in sucide bomb attack

JACUSTOMER-c302ml6r- :

what can I do? transfer the money to my parent account?

Steven Kincaid :

If he does not have the money already, you are not required to make it available to him. Usually, the court determines what assets are available at the time of the divorce trial and divides that property. A person's income to live on may not be considered if it was spent on the costs of living.

JACUSTOMER-c302ml6r- :

ok thank you so much

Steven Kincaid :

For now, yes, you can transfer the money to your parents to prevent him from taking it from you. However, if asked what assets you have, you must be honest about your assets, even if those assets are not in your name. (Remember that if you put more than $13,000 in your parents' account, they will have to pay a gift tax.

Steven Kincaid :

)

Steven Kincaid :

Correction, you would be the one to pay the gift tax.

JACUSTOMER-c302ml6r- :

so i can put 13,000 in my moms account

JACUSTOMER-c302ml6r- :

and 13,000 in my dads account

JACUSTOMER-c302ml6r- :

and another 13,000 n my brother account

Steven Kincaid :

yes, without having to pay the gift tax to either one. That is the limit for tax year 2010. It may change for 2011.

JACUSTOMER-c302ml6r- :

ok thank u so much

Steven Kincaid :

You're welcome.

Steven Kincaid :

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