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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42835
Experience:  30 years as a family law lawyer .
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Any specialist in divorce, please?

Customer Question

Any specialist in divorce, please?
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
I got go, will try again later. Thank you.
Expert:  RayAnswers replied 11 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 11 months ago.

I am a Texas lawyer what divorce questions do you have that I may help you with today?

Customer: replied 11 months ago.
Hi Ray, are you online now?
Expert:  RayAnswers replied 11 months ago.

Yes what questions do you have, thanks.,

Customer: replied 11 months ago.
My wife and I are in a process of divorce. My father died back in February, but the will is not quite finished, yet. How do we handle her share, please?
Expert:  RayAnswers replied 11 months ago.

This is separate property.If you inherit this put it in an account in your name only and your social.Under the Texas Family Code inheritance is an exception to the community property laws it belongs to you period in the divorce.If she inherits anything it is her separate property.






Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:

(1) the property owned or claimed by the spouse before marriage;

(2) the property acquired by the spouse during marriage by gift, devise, or descent; and

(3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Thanks for the chance to help, let me know if you have more followup.

Customer: replied 11 months ago.
Thank you for clarifying that!
Customer: replied 11 months ago.
One more question please?
Customer: replied 11 months ago.
My wife and I are self-employed... I am a software developer and have a small business (SCorp) through which I provide subscription to my clients. She is an attorney who works from home and provides services to a few companies. She is not an employee of those companies. She receives her monthly income through checks and at the end of the year she receives 1099s. In our tax return she is listed in the Schedule C portion in which she deducts the expenses and gets a profit, that is then transferred to our main income. My question is: Does she have a business that should be evaluated like mine or under the family law this is considered like a Job and I do not have a share on her part?
Expert:  RayAnswers replied 11 months ago.

Sure it would be divisible and evaluated unless you agree to each keeping their own business.Here it is community and income was as well.

Thanks for the followup.

Customer: replied 11 months ago.
But, she has found this accountant, who is specialized performing business evaluations for family lawyers, and he is saying that judges will consider her income as wages, although registered through 1099s. That's because her income would stop if she stops working. Therefore, is not characterized as a company. Another accountant on the other hand (this other one not specialized in family law) says that she has a business and that we should evaluate and consider in our list of assets. What's your take please?
Customer: replied 11 months ago.
I don't know if there is anything in the family law that specifically addresses situations like this.
Expert:  RayAnswers replied 11 months ago.

I think you need your own accountant, they tend to argue their side here, its a business she pays self employment taxes, as its own deductions.You may want your own lawyer here to fight over this.Don't cave on this.The judge would presume its community business under Texas law.

Customer: replied 11 months ago.
Will do. Thank you so much for your time! Have a great day. Bye.
Expert:  RayAnswers replied 11 months ago.

Take care if you can rate 5 stars it is much appreciated.