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If you werte married in a community property state and one…

If you werte married...

If you werte married in a community property state and one spouse moves to a non community state does that remove the community property factor

Lawyer's Assistant: Are there any minor children in the relationship?

Yes one

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 1 minute by:
8/7/2017
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,250
Experience: Knowledgeable in all aspects related to family law matters.
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience.

During this conversation, you might experience some delays while I work with several customers at the same time, or I am preparing a response to you. Please do not click Opt Out expecting a faster response. This results in more delays while waiting for another Expert. I assure you I will help you in due time. Thank you in advance for your patience and understanding.

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What do you mean by the community property factor? Do you mean to ask whether the property is still considered community property when he leaves the state?

Which property? The property located in the community property state?

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Customer reply replied 10 months ago
My question is simple we were married in a community property state do the community property laws apply when a spouse still married moves out of state and files for divorce from a non community property state in other words should I be proactive in filing before she does in a non community property state

Sir,

I did not intend to waste your time; I was simply trying to get clarity about something for which I was not clear. Thank you for your patience.

Your answer is below. When you see the option to rate, please do so with a positive rating of 4 or 5 stars. Otherwise, I do not get credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: I can't decide for you whether you should decide to file first, but in general, property acquired as community property in a community property state is not converted to non-community property when someone moves to another state. The property retains its characterization.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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