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TX family law and community state property

Submitted: 4 months ago.Category: Family Law
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11/25/2017
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,237
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 4 months ago
I got married in another country and my wife is currently not staying with me. I'm currently residing in state of Texas. I want to purchase a home for myself in the state of Texas, As Texas is community state how should i proceed with the purchase of home.
I'm also in the process of getting divorced, can you tell me what are my options .
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks for responding. I want to make sure I'm clear on something: You got married to your new wife, but you're still currently married to your old wife, is that correct? Or, are you getting a divorce from your new wife?

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Customer reply replied 4 months ago
I got married only once. We both got married in another country, not in US. Currently she is not staying with me and i'm in the process of getting divorced. Meanwhile i want to purchase a Home in the state of Texas.
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

I see what you mean. Thanks for clarifying. Do you plan on getting divorced in TX?

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Customer reply replied 4 months ago
Divorce is happening in the home country, i just want to purchase a property in TX without involving her in the process.
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

I understand. Well, generally, as you know, TX is a community property state. However, that only comes into play with parties are getting divorced in the state of TX. If you just have property in Texas, then unless your home country abides by community property rules, then it will not make a difference. Does that make sense?

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Customer reply replied 4 months ago
Okay but right now im legally married so while closing I require my wife to be present so how to go with this situation.
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

Unfortunately, you may have to wait until you are divorced. Some states like California and Texas require that if you are a married couple because they are community property states. If that is the case, then both need to sign the deed to the home before the sale is complete.

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Customer reply replied 4 months ago
Okay. . but i think there should be some provision to get around with it
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

Sadly, because the deed will reflect that you're married, unless you have a prenuptial or postnuptial agreement stating that this property is not a part of the community estate, you'll have to get her signature.

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Customer reply replied 4 months ago
Okay .. thanks i will research on this further
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

The pleasure is all mine! I would consider also looking at the TX Property Code, but based on everything I have seen, this is the rule.

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