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I have a quick question regarding community property i'm…

I have a quick...

I have a quick question regarding community property i'm trying to get answered on your website?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

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Just researching my options

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Answered in 5 minutes by:
3/21/2018
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Sure - what can I answer for you, please?

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Customer reply replied 1 month ago
I have been married to my wife from Brazil for almost two years. She has been my dependent here during this time as my wife and has not worked at all as we were still in the middle of her immigration process. She wants to head back to Brazil as she finds life too difficult here and misses her family. Uncontested divorce and we agree on how to separate everything. Only problem I am having determining how to approach is community property.I purchased a home for both of us a couple of months after getting married with my own 401k that I have been saving for 10 years prior. The house was indeed purchased after our marriage and I have been making all the payments and everything that's been required to purchase the house. She doesn't care about the house and just wants to leave.
Customer reply replied 1 month ago
How do you report this on the original petition for divorce?

Okay.

1) On the original petition, one can simply say: "Parties have community property which Petitioner expects to be amicably divided." That's it.

2) On the decree (which she should sign off on), one can say that the home goes to the Petitioner (i.e. you).

There is no "magic" verbiage per se.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 1 month ago
She's headed back to Brazil on March 30th next week and not planning on coming back. She's ok in signing the waiver for not having to come back to court for the decree hearing. She will sign this waiver in front of a notary public. Is this enough? She won't be in the US anymore after March 30th.
Customer reply replied 1 month ago
She's just asking me to forward her the divorce papers once the judge declares its granted.

Yes, this should be enough - the waiver has to specifically say that she waives ALL RIGHTS to hearings and rest of the court matters.

After that, she doesn't even have to sign the decree (but it helps if she does).

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Ok thank you for your opinion. I think I will go this route as she just wants to leave no strings attached.

You are very welcome. Good luck.

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Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,491
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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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.

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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