When Does Community End In Texas?

- quote -

> In most states 'community property' laws take effect when
the people are
> not married (to each other).

Please try again here - I cannot even guess at what you are
getting at. Most states do not even have a Community
Property system, let alone necessarily apply it to people
not married to each other.

Gil Faver wrote:
- quote -

> "Timothy" <horrigan[at]aol.com> wrote in message
> news:7pvij1l0k33po9aldmbj4i2d3froqdm1tn[at]4ax.com...
> > > In the case of divorcing spouses in Texas, when does the
> > > community generally end?
> > > I am not a lawyer. I am not even a Texan.

There goes YOUR credibility ;-)

- quote -

> A little
> Googling indicates
> > that community property laws are in effect as long as a
> couple is
> > married

In most states 'community property' laws take effect when the people are
not married (to each other).

- quote -

> in California, I seem to recall that separation with intent
> to divorce would have an effect on whether earnings would
> cease to be treated as community property. But, that was
> long ago. Get a real lawyer.

Good advice.

- quote -

> If you read even a few of the
> posts here, you would realize you should not be getting
> legal advise from tax preparers.

"effi" <effi[at]ev1.net> wrote:
- quote -

> "Timothy" <horrigan[at]aol.com> wrote

> > > In the case of divorcing spouses in Texas, when does the
> > > community generally end?
> > > I am not a lawyer. I am not even a Texan. A little Googling
> > indicates that community property laws are in effect as long as
> > a couple is married--- and merely moving out is not enough to
> > end a marriage.

Texas recogizes common law marriages, but there is no common law
divorce.

- quote -

> "...In California, the 'community' ends when the couple separate
> with no intention of getting back together..."
> and
> "The same rules apply here in Texas as far as when the community
> ends... "

Well, the California rule is that community property is only
created (earned by one partner by his skill, foresight or industry)
while the parties are both married and living together as husband
and wife.

A separation with thought that the couple may get back together
means community property continues. A separation with the intent
not to get back together terminates community property.

There is case authority that a couple who separate with the intent
that it be permenant, but continue to reside in the same house,
terminate the community and do not generate further community
property.

Stu

"Timothy" <horrigan[at]aol.com> wrote in message
news:7pvij1l0k33po9aldmbj4i2d3froqdm1tn[at]4ax.com...
- quote -

> > In the case of divorcing spouses in Texas, when does the
> > community generally end?
> I am not a lawyer. I am not even a Texan. A little
Googling indicates
> that community property laws are in effect as long as a
couple is
> married

in California, I seem to recall that separation with intent
to divorce would have an effect on whether earnings would
cease to be treated as community property. But, that was
long ago. Get a real lawyer. If you read even a few of the
posts here, you would realize you should not be getting
legal advise from tax preparers.

"Timothy" <horrigan[at]aol.com> wrote in message
news:7pvij1l0k33po9aldmbj4i2d3froqdm1tn[at]4ax.com...
- quote -

> > In the case of divorcing spouses in Texas, when does the
> > community generally end?
> I am not a lawyer. I am not even a Texan. A little Googling indicates
> that community property laws are in effect as long as a couple is
> married--- and merely moving out is not enough to end a marriage.
> If you are getting a divorce in Texas, you might want to hire a Texas
> divorce lawyer.

a little googling rendered this, which conflicts with your conclusion
http://lists.ucg.com/read/messages?id=409410
Re: Divorce and community property income 2004-10-11 21:56:00 <Ralph
Weintraub
"...In California, the 'community' ends when the couple separate with no
intention of getting back together..."

and

Re: Divorce and community property income 2004-10-12 09:58:00 <daniel
cienega
"The same rules apply here in Texas as far as when the community ends... "

- quote -

> In the case of divorcing spouses in Texas, when does the
> community generally end?

I am not a lawyer. I am not even a Texan. A little Googling indicates
that community property laws are in effect as long as a couple is
married--- and merely moving out is not enough to end a marriage.

If you are getting a divorce in Texas, you might want to hire a Texas
divorce lawyer.

In the case of divorcing spouses in Texas, when does the
community generally end?

On the date they stop living together? Must there be a
"legal separation" if this is the case? Or is just no longer
living together sufficient to end the community?

Or does the community end on the date of divorce, if later
than the date of separation?