Re: When Does Community End In Texas?

effi wrote:
(Snip)

- quote -

> data here on this page you cite:
> http://www.irs.gov/irm/part25/ch13s01.html#d0e93117
> "When does the community property regime terminate (causing
> subsequently acquired assets or future income to no longer
> be> [Answer]
> Change of domicile [etc.]..."
> conflicts with what you say above, quoted here:
> <quoting you
> > Texas, unlike most
> > (or all?) of the other CP states, does NOT indicate that
> > separation ends CP.

> <end of quoting you> i'm confused

I will attempt to alleviate your confusion:

The thread subject is "When Does Community End In Texas?"

One or more of the earlier contributors wrote that, in
California, separation is one of the conditions under which
Community ends.

I was offering the answer to the thread question and
merely pointing out that according to the IRS site, unlike
in most other CP states, separation is not listed as one of
the conditions that ends Community in Texas.

I do not detect a conflict.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

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

> "William Brenner" <wbrenner[at]nospamplease.net> wrote:

> > Note that in the answers to question 3, Texas, unlike most
> > (or all?) of the other CP states, does NOT indicate that
> > separation ends CP.

> data here on this page you cite:
> http://www.irs.gov/irm/part25/ch13s01.html#d0e93117
> "When does the community property regime terminate (causing
> subsequently acquired assets or future income to no longer
> be characterized as community property)?
> [Answer]
> Change of domicile [etc.]..."
> conflicts with what you say above, quoted here:

Depends on what "change of domicile" means. It could mean
moving out of Texas.

- quote -

> i'm confused

First of all, you really can't rely on the IRS to give a
necessarily correct summary of Texas law. Next, it may be
more complicated than simply whether the couple is living
together or not.

Your best bet is to consult a local divorce lawyer, who
should be able to give you an answer that will apply to your
specific circumstances.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

"William Brenner" <wbrenner[at]nospamplease.net> wrote:

- quote -

> Here is the answer, directly from our friends at IRS:
> http://www.irs.gov/irm/part25/ch13s01.html#d0e93117
> Click on Exhibit 25.18.1-1
> This will take you to "Comparison of State Law Differences
> in Community Property States"
> Note that in the answers to question 3, Texas, unlike most
> (or all?) of the other CP states, does NOT indicate that
> separation ends CP.
> In another search, a Texas lawyer's treatise on divorce
> specifically stated that CP did not end until the divorce is
> final, and is not affected by separation.

data here on this page you cite:
http://www.irs.gov/irm/part25/ch13s01.html#d0e93117

"When does the community property regime terminate (causing
subsequently acquired assets or future income to no longer
be characterized as community property)?

[Answer]
Change of domicile [etc.]..."

conflicts with what you say above, quoted here:

<quoting you> Texas, unlike most
- quote -

> (or all?) of the other CP states, does NOT indicate that
> separation ends CP.
<end of quoting you

i'm confused

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

Here is the answer, directly from our friends at IRS:
http://www.irs.gov/irm/part25/ch13s01.html#d0e93117

Click on Exhibit 25.18.1-1
This will take you to "Comparison of State Law Differences
in Community Property States"

Note that in the answers to question 3, Texas, unlike most
(or all?) of the other CP states, does NOT indicate that
separation ends CP.

In another search, a Texas lawyer's treatise on divorce
specifically stated that CP did not end until the divorce is
final, and is not affected by separation.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >