Community Property

Question: How do common law marriage work in TX? Is it filed with the local court?Does a license mean your married? I researched on the internet and it said that a common law marriage is not filed with the court. How does a couple get involved in common law marriage if there is not a ceremony? If a person has a marriage certificate at the court, doesn't that mean they are married instead of common law marraige?

Answer: the two links below may help. First is a brief description, then the offical code including code 2.401 which is about common law marriage.

Question: I live in Louisiana; my boyfriend is in jail in Texas; how do we get a common law marriage arranged for visits We are wanted contact visits and the only way would be to produce something stating common law. Louisiana doesnt recognize it, so how do I go about getting this to happen?

Answer: You can't. If a state doesn't recognize common law marriage there isn't anything you can do to "help" them recognize it

Question: how can I protect myself >> CO common law marriage? My friends (both legal immigrants from Europe) are together since 9 years and they live in Co since 7 years together. She wants to break up and walk away, he claims to be married to her and wants her to file divorce papers just to make it very difficult. My questions are, how, in the first place can you protect yourself to become commonly married? How do you get out of this? Is that law only for citizens or for PR or visitors on work visas too? Any help would be awesome and appreciated :) Thanks a lot!

Answer: Common law marriage is not automatic. There are a few requirements to be considered married by common law, and one requirement anywhere that has common law marriage is that both people must mutually agree to be married. If she never agreed to be married, they are not married. But, if she did, it could be considered a common law marriage, and they would have to go through the process of divorce. There is no such thing as a common law divorce. Some factors the courts will look at to determine if the couple were married are: * Whether the couple refer to themselves as married to third parties, * Filing joint federal or state tax returns, * Listing the other party as a spouse on insurance forms or retirement plans, * Joint finances, such as bank accounts, or owning property, and * The woman taking the man's surname.

Question: Can a person file another person in a bi-racial relationship because it can't be common law marriage? My grandma and her so called man lives in Columbia South Carolina but the thing is they can't be consider as common law because my grandma is african-american and her man is caucasion but they been living together for 16 years and he wants to file her next year but my mom been filing her since she was 18 and that was almost thirty years my mother was filing her and now he wants to jump up and start filing her can he do or not, please somebody i need info asap

Answer: I assume you are talking about taxes? If so, who is supporting her? Who lives with her? If your mom is caring for her and supporting her financially, than I would say she could file. But don't try to file if these two are living as husband and wife for 16 years (albeit without papers.) That would be dishonest. If this guy is sharing her life, sharing a home, caring for her, their money is, no doubt, pulled together to make living on their own affordable. Leave the poor guy alone. What does your grandmother say?

Question: health insurance and common law marriage? i am wondering if i live in a state that recoginzes common law marriage and we present ourselves as married if i can be placed on my husbands insurace thru his work.

Answer: Currently, just nine states--Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Texas--and the District of Columbia continue to allow common law marriages. Couples previously "married" in a state that permitted common law marriages maintain their marital status nationwide. The requirements for demonstrating common law marriage vary from one state to the next. Recognize that carriers must accept previously designated common law marriages. Generally, insurers may require common law marriage certification to prove that a union occurred

Question: What are the laws regarding common-law marriage in South Korea? If this exists, what are the stipulations? I've had a Korean woman living with me for close to a year and I don't want to get any unexpected surprises.

Answer: Technically in Korea there is no common law marriage....unlike the American style, you cannot simply be considered as married by living together for a certain number of years... Korean law requires both parties to appear in a 동 office to register for a marriage certificate. IF only one person goes and tries to register a marriage, it won't be accepted. However, if you promise someone that you will marry them (without real intention to) and have a physical relationship with that person, then you can be charged with fraud --not in civil court, but in criminal court (형법).... The problem is that if someone accuses you of doing this and they can prove that you lived together (copies of bills from both parties to the same address) and can produce witnesses that are willing to state that the other person believed that the relationship would result in marriage, then it would be a bit of a legal headache....

Question: Am I legally in a "common law marriage" ? I filed taxes jointly with a person I planned to marry in TX about four years ago. I am no longer with the person and about to get married (a different man). I was told filing jointly was considered a "common law marriage" is there something I need to do before my wedding?

Answer: To be "common law married" in Texas you must have evidence that: (1) a declaration of their marriage has been signed as provided by this subchapter; OR (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. You must also both be over 18 and not married to someone else. Thats it. It is easier for legal purposes that (1) is used. But both of you telling other people that you are married and living together means that you are married. Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that: (1) a declaration of their marriage has been signed as provided by this subchapter; or (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married. (c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402. (d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.

Question: For the community property vesting do we have to have the will for sharing the property? When I take the title as community property and one of us(my husband and I) dies, Does the surviving spouse automatically receive the property? or the surviving spouse have to have the will? (California)

Answer: The will of the decedent will determine the heir(s), but state laws may intercede and give the spouse a certain percentage of the property.

Question: How can I protect my business from the CA community property law? I have wanted to open a business of my own for awhile now. Now that I am ready, my marriage may be falling apart. I wanted to know, how I could protect my business from the community property law in California. Is there a way to do it without lawyers?

Answer: Open it as a corporation. Or you could always put it in your parents or other family members name.

Question: What are the implication of a married couple being separated in a non-community-property state? If the purpose of a legal separation, instead of just an informal separation, is to split community property and keep it separate during the separation, does that imply a legal separation is meaningless in a non-community-property state, and that an informal separation serves exactly the same purpose?

Answer: the purpose of a legal seperation is to cut off liability for debts of the contra party after the date of separation, not to split property. BTW an informal separation does the same, if the party intends to divorce - its just cleaner when filed. Easier to prove to creditors if you can show them a document stamped & signed by the court - thus not meaningless - but extremely state law specific

Question: In a Community Property State, Does Debt Incurred Prior to Marriage Belong to Your Spouse As Well? Actually that's my question. CC debt that happened prior to marriage in a community property state. If the person gets married, does that spouse now have to pay back the debt?

Answer: Depends on your state. As far as I know, creditors cannot come after your then-husband's earnings. However, in CA, for example, they can put a lien on his property, including bank accounts etc., even if it is held separately from you. Your best bet is to pay off your debts before you get married.

Question: How I can find out the corporate contact information for Community Property Management in Illinois? Not operating under Mid-America Management. I need the corporate contact information for Community Property Management so I can lodge a complaint.

Answer: Type in Illinois Secretary of State in the Search box then when you get to the secretary's web site you need to know the name of the Management Co. chances are they have a dba. If you know that, you can pull up their Article filings and find out who the registered agent is and have him served. He then gives it to the Corporation. You may be able to do a search for all management companies but unless youknow who your looking for it won't help. Find out the Corporate Name first if you can.

Question: How do you add a spouse to your deed in Arizona as community property with Right of Survivorship? I bought a house, then got married. I would like to add my wife to the deed as community property with Right of Survivorship

Answer: Any title company can write up the deed for you, notarize your signatures, and have it recorded at the county for a fee.

Question: Can spouse be liable for debts incurred in non community property state? We're moving to a community property state soon, and I want to know can a spouse be held liable for other spouse's debt incurred in other state that doesn't have community property laws?

Answer: No, not unless it was a "joint account". Also if the debt was acquired in a non community property state, then that state statutes apply. As to what is a community property state, this is the definition. In the United States there are nine community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Puerto Rico allows property to be owned as community property also. Alaska is an opt-in community property state; property is separate property unless both parties agree to make it community property through a community property agreement or a community property trust. If property is held as community property, each spouse technically owns an undivided one-half interest in the property. This type of ownership applies to most property acquired by the husband or the wife during the course of the marriage. It generally does not apply to property acquired prior to the marriage or to property acquired by gift or inheritance during the marriage. After a divorce, community property is divided equally in some states and according to the discretion of the court in the other states. Hope this helps answer your question.

Question: If you get married in a non-community property state, then get divorce do you have to split your assets? I was watching Las Vegas, and Sam was trying to get half of the casino from her ex. The lawyer said she was not entitled to half of the casino because she was married in Hawaii, a non-community property state. Is that true?

Answer: I believe it depends on where the divorce occurs not where they were married. The only defense would be that the divorcing party (petitioner) fled to a community property state in order to take advantage of that state's more favorable laws. Most states that are not community property are still equitable division states. Any assets that were obtained during the marriage would be subject to equal or near equal division. This protects previously owned non-commingled property and after acquired property. Local laws vary so a local attorney could tell you more.

Question: IF I filed an injured spouse claim with my spouse who has a job but i did not,i live in community property? continued)state to get half of his federal before it's offset.will i get rebate also?if yes how much will i get?yes i do qualify as injured spouse w/o income b/c i live community property state,so how much will i get?

Answer: You'll probably get half of the rebate amount. The rest will go toward your spouse's debt. And you are correct that tax rules on who income belongs to are different in a community property state than in one that isn't.

Question: If you marry in a community property state do you inherit the debt of your new spouse? If you marry in a community property state do you inherit the debt of your new spouse?

Answer: NO. Not if the debt was incurred before marriage. That is considered separate property/debt. So while community funds are generally used to pay debts that the spouses incurred before marriage (i.e. student loans), the community is not bound by those debts. The lender can only come after the property of the debtor. And that includes the debtor's separate property, the debtor's solely managed community property, and jointly managed community property. But they can't go after the non-debtor spouse's separate property or his/her solely managed community property (SMCP). SMCP includes the person's earnings. So if the wife has separate debt from before marriage, the lender cannot come after the husband's salary to pay the debt.

Question: is there a loophole to the community property law in texas? I want to buy a home while seperated.? I was told because of the community property law in Texas I would be unable to purchase a home without placing my wife on the loan and mortgage. I am in the military and have the VA loan to use. There has to be a way to do this without being divorced. I need to close within the next 3 months. The divorce will not be done by then.

Answer: You dont even need to file for legal seperation. The quit claim will do. This is a pretty standard procedure in community property states. If she will not execute the quitclaim, a seperation will provide a legal basis to claim that funds used to purchase the home are not community funds. But the down payment probably IS derived from community funds, so you may have a battle on your hands if she will not.

Question: how do you find information for splitting up assets for divorce/community property in Kentucky.? I want to know where i can find information on Kentucky divorce/community property laws in splitting up assets on the internet. I do not want to a lawler yet, but i want to know my rights.

Answer: At this point you might want to give mediation services a try. They will help you thru divorce minus the huge cost. Saves you time. Decreased level of stress. They will work to your best interest with or without lawyers. Easier than the actual divorce itself with all the lawyers and court proceedings. Not to mention the paperwork that you have to pay.

Question: Affect moving into a community property state would have on a judgement? I live and hav eproperty in Illinois. I recently had to evict the tennent from the property and will be pursuing damages. The tennent has said that she intends to move to Wisconsin, build/buy a house and get married. I understand that Wisconsin is a community property state. Here are the questions: 1. Should I sue now or after they are married in wisconsin? 2. If I get a judgement now, do I have to refile in Wi if the move across the line? 3. Can I seize what WILL be community property once they get married (i.e. new house, cars etc.)? 4. When does the debt actually occur (for legal puposes)? ...when I reposess the property and assess the damage? ...when I get the judgement? I know these are a lot of questions. Much grats for any help.

Answer: It really doesn't matter whether you sue her now or later, but for ease, I think sueing after she has moved and married might be better. But that might depend on how long until that happens. The debt has already occured, but you will have to take her to small claims court (I assume this is a small claim).