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In a pending divorce, if we didn’t establish anything

Customer Question
In a pending divorce...

In a pending divorce, if we didn’t establish anything together (accounts or materialistic things) in the marriage, am I entitled to relinquish anything to the other party? I established accounts before our marriage, and added my spouse after marriage.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No ma’am. No available funds at the moment. All I’ve done is submit the “Petition for Divorce”.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I’ve closed various accounts like the bank account, and my spouse told me to leave initially. I had to call law enforcement to be escorted safely out of the house/apartment.

Submitted: 2 months ago.Category: Legal
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Answered in 5 minutes by:
12/15/2017
Lawyer: LegalKnowledge, Attorney replied 2 months ago
LegalKnowledge
LegalKnowledge, Attorney
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Lawyer: LegalKnowledge, Attorney replied 2 months ago

Good morning. The community property concept means that both spouses own an interest in all property acquired by either of them during the marriage. The “name on the title” is generally not significant. A provision in the Family Code requires the judge to assume that all property accumulated during the marriage is community property unless a party proves otherwise.

With some exceptions, separate property consists of: 1) property owned before the marriage, 2) property acquired by inheritance, 3) property acquired by gift, and 4) certain recoveries related to personal injury claims. All other items are classified as community property.

Income received during the marriage is community property. With some limited exceptions, income from a person’s separate property (i.e., interest, dividends, etc.) is community property. Salaries, commissions, bonuses and other earnings are also community property.

The distinction between community property and separate property is important because the divorce court can only divide the parties’ community property. If a party can prove that a certain item is his/her separate property, the court must award it to that person.

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Customer reply replied 2 months ago
Perfect. So to serve as a recap, if I establish various accounts in my name, prior to being married, then those said items are therefore mine? Also, if I add the said party to my already established accounts, after we got married, then I’m allowed to remove that individual from the account; with no negative repercussions?And finally, if we do establish an account together (car insurance, cellphone, etc), I can remove myself from the account and obtain my own new profile/account?
Lawyer: LegalKnowledge, Attorney replied 2 months ago

Yes, as long as they were not commingled. However, if you added them after you were married, they would have a shared right and interest in them and you can not just remove them and allow for their interest to be lost. After the divorce, they could be removed. There is nothing wrong with you removing yourself or opening another account but this all needs to be address during the proceedings.

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Customer reply replied 2 months ago
Unfortunately, I can’t call you via phone, because I’m currently on an offshore rig. There is no cellphone signal and the WiFi is too weak to support a proper phone call.
Lawyer: LegalKnowledge, Attorney replied 2 months ago

No problem. We can chat online

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Lawyer: LegalKnowledge, Attorney replied 2 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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