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When filing for a common law divorce what am I in title to…

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When filing for a common...
When filing for a common law divorce what am I in title to in the divorce my husband was gifted money last year a large amount and to has supported us and paid the bills and necessities out of that money and my partially entitled to that
Submitted: 4 months ago.Category: Family Law
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Answered in 6 minutes by:
3/12/2018
Family Lawyer: Jessica B,
 replied 4 months ago
Jessica B
Category: Family Law
Satisfied Customers: 1,651
Experience: Attorney at Donald B. Linsky & Associates, PA
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Family Lawyer: Jessica B,
 replied 4 months ago

Texas is one of only a few states that recognize common law marriage, a union entered into without a ceremony or license. However, if you have children, property or debt together, those issues are no less real because you didn’t take out a marriage license. Therefore, Texas gives you the option of getting a “regular” divorce to address these issues. The process is the same as if you were formally married.

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Family Lawyer: Jessica B,
 replied 4 months ago

Texas is a community property state, which means that most property acquired during marriage belongs to both spouses and must be divided at divorce. In contrast, each spouse gets to keep his or her separate property when the marriage ends.

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Family Lawyer: Jessica B,
 replied 4 months ago

Texas law defines community property as all of the property that either spouse acquires during the marriage, except separate property. Separate property is anything one spouse owned prior to marriage, property inherited by only one spouse, property received as a gift by only one spouse, and recoveries for personal injuries sustained by only one spouse, except for the portion of the award intended to compensate for lost earnings during the marriage.

All property is presumed to be community property, unless and until the party claiming that it is separate property can prove it by a preponderance of the evidence.

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Family Lawyer: Jessica B,
 replied 4 months ago

Please let me know if you need any clarification or if you have an additional question. Has this information been helpful?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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