Community Property

inheritance of adopted
Can the adopted child inherit from his or her adoptive parents? Yes. Under the Texas Probate Code, when a child is adopted legally or formally, they are treated in the same footing as a natural-born child of the adoptive parents. Therefore, if the decedent dies without a will, the adopted child has the same inheritance rights as the natural child. In cases of formal adoption, the state conducts an investigation to ensure that the adopting parents are qualified to adopt a child. The investigation may include but is not limited to inspecting their home and doing a background check on the applicants. The state must verify that the applicants have enough resources to provide for the adopted child. Once everything is in place, the judge then approves the petition for adoption. The adopted child will legally become the child of the adopting parents and he or she enjoys the same rights as a natural born child. This means that the inheritance rights of the adopted child extends not only to what he may inherit from the adopting parents but he or she will inherit from the adoptive parents’ decedents, such as the grandparents, and in some cases, uncles and aunts. Can the adopted child still inherit from his or her biological parents? Another issue at hand is whether or not the adopted child still has the right to inherit from his natural or biological parents. As a general rule, yes. The adopted child can inherit from both his or her birth parents and adoptive parents. This is only applicable if the natural or adoptive parents do not have testamentary wills and if there is no court order that especially prohibits a child to inherit from his or her natural parents. If the adoptive and natural parents have testamentary wills, their estate […]

What Can the Adopted Child Inherit?   Recently updated !

Adultery is one of the most common reasons for divorce. For many married individuals, it is a deal-breaker as it reeks of betrayal.  Adultery as a Ground for Divorce While it is often met with anger and condemnation, adultery is not considered a crime in Texas law. There is no direct penalty for any spouse who commits adultery. However, it can be one of the grounds for divorce.  In the state of Texas, there are two kinds of divorce. The first one is a “no-fault” divorce. This is where both parties agree to separate. There is no need to find fault or disparage the other party. Nor is there a need to justify their decision.  However, if you want a divorce and your spouse resists, you can file based on grounds accepted by the court. Adultery is one of them. Alimony and Adultery Adultery is legally defined as voluntary or willful intercourse of a spouse with a person who is not the husband/wife. If you will file the divorce based on these grounds, there has to be acceptable proof.  If the court finds the proof acceptable, the divorce proceedings will commence. It is often noticed that adultery will be a factor throughout the course of the trial. When a judge decides on temporary custody and property division, he can consider one party “at fault”. Requirements for Spousal Maintenance Alimony or Spousal maintenance is given by Texas courts to a spouse who is incapable of meeting his/her personal needs. The state has certain conditions before awarding alimony. While adultery is not one of them, there are some judges who may consider it when they make their decision.  Even if the marriage lasted more than 10 years, a judge may deny alimony if the requesting spouse committed adultery. On the other hand, […]

How Does Adultery Affect Alimony in Texas?   Recently updated !

prenuptial agreement
If you’re someone who’s planning to get married soon, the thought of getting a prenup might have crossed your mind once or twice, but why would you, right?  Prenuptial agreements – legal documents that state how a couple’s assets and possessions will be divided in case of a divorce – aren’t really necessary, especially if you know the law and are satisfied with their terms. But coming up with a prenup doesn’t easily equate to being a non-romantic, it just means that you’re someone who is careful about your future, and takes into account the possibility that all relationships come to an end, even if we didn’t want it to. It’s not bad to plan for the future, especially if you own properties, stocks, have children, or would be spending for the family, such as education. Let me show you what I mean. The Up and Down Sides of a Prenup Let’s start with the upsides: It could help identify who gets what, for example, a business you already have before entering the relationship It can be crafted according to your preference and situation, but of course, it could only cover those that are within the law It could protect you from each other’s individual debts that may pile up before or during the course of your marriage, such as student loans It could save you more time in the future, because negotiations regarding properties would no longer occur given that they are already stated in the prenup  It can help you prepare for the worst possible consequence a divorce could give you based on your own previous experiences However, it also has its downsides: It could make you look like you don’t trust your relationship to last and that you’re open to the possibility of separation or divorce, even […]

Prenuptial Agreements: Why is it more relevant today?

When two people marry, it is not just a union between two individuals, but a union of two families. The influence of the family will reflect on the marriage. The differences in values and culture could spell the difference between a harmonious marriage and one that ends in divorce.  The big question is whether the influence extends to the financial status of the couple. If marriage binds them, will divorce effectively cut all ties? Inheritance and the Limits of Community Property The State of Texas follows the principle of community property. That means they consider the properties of the married couple as the property of both parties. Thus, if they divorce, the property should be divided between the two of them in an equitable manner. However, there are exceptions to community property called separate property. Inheritance is clearly stated as one of the exceptions of community property.  There are still certain conditions for an inheritance to be considered as a separate property. Otherwise, they would also be considered as community property. Any property that is received by a spouse as a personal gift or a personal inheritance is considered separate property. Unlike property acquired through purchases, the gifts and inheritance will not be community property. It does not matter if it was received during the time that they were married.  This holds true as long as the money or property is not commingled with the community property. For example, if the husband receives a personal inheritance worth $10,000, and he decides to deposit the money into their joint savings account, then it will be difficult to distinguish it from the money that they have also saved. In this case, it would likely end up as part of the community property. The same principle applies if the money inherited is used […]

Is My Spouse Entitled to My Inheritance When We Get Divorced?

tax divorce texas
Divorces can cause a lot of trouble and get messy for some people. But if you think the mess only lasts up until the divorce process is concluded, think again. Divorces affect several aspects of one’s life. A lot of those aspects need to be adjusted and sorted out after the divorce as well. One of those aspects would be how you do your taxes. And while this isn’t an immediate concern during the divorce process, it becomes one after. Documents and Requirements Before you make changes and adjust documents, find out first if you have to. If your divorce is concluded on or before the last taxing day of the year, which is December 31, then you won’t be able to file a joint tax return with your spouse. That means you’ll have to update your filing status and file the appropriate documents needed for it. The taxes you pay will then have to be adjusted to that. If your divorce was concluded after the last taxing day of the year, you can still file a joint tax return. But whether or not you get to file a joint tax return, you will also have to update all the necessary information eventually. Child Support, Alimony Payments, Etc. Aside from your filing status, you’ll also have to update your information on whether you have dependents or not. You also have to indicate whether you make any alimony payments or not. If you, for example, have your children as your dependents, the amount you pay for your taxes will get adjusted. Usually, whether your children are your dependents or not is based on your custody agreement. One should also note that any payments you make for child support cannot be deducted from your taxes. On the other hand, any alimony payments […]

Your Taxes After Your Divorce

military divorce
Do military divorces differ from normal divorce procedures? Military life can be pretty tough and rigorous. People who enlist in the army are selfless and courageous. Making the decision to serve the country this way is definitely not an easy path to take. These people in the military put the lives of other citizens before their own and they are exposed to dangerous situations on a daily basis. This is nothing short of brave and is definitely admirable. Our soldiers are true heroes who keep on moving frequently all over the country and even across the world. This is a sad thing because it means staying away from their family and loved ones for long periods of time. What’s even sadder is the fact that this can cause a lot of strain in their relationships, especially for those who are married. Military divorces is sadly a common and regular occurrence. If you are married to a serviceman, you would know that his life will keep on changing and the ground which you place your relationship won’t always feel stable. Your marriage will be stressed no matter how healthy your relationship with your spouse is – because of constant moving from place to place within a short notice. The fact that military men get deployed into various warzones can be a root of stress and anxiety too. Though couples try hard to stay married despite these challenges, some of these marriages eventually end up in military divorces. Difference Between Civilian Divorces and Military Divorces As you might have already guessed, military divorces are different from civilian divorces. Military divorces include certain elements that you won’t be able to find in a normal divorce. Most of the time, military divorces also include various issues that you won’t be able to encounter in […]

Military Divorces in Texas

insurance policy
Getting an insurance policy requires putting in some amount of money. Sometimes, this amount may seem pretty large, which is why some couples decide to split policy and share it. While this doesn’t seem like a bad idea, it may be a problem if you get a divorce. It may sound pessimistic, but it’s best to know what might happen to your insurance policy if you get divorced. How It Gets Affected There are different kinds of insurance policies available nowadays. These are health insurance, life insurance, and home insurance, all of which can be shared. Any insurable interest can be insured, actually. In the event of divorce from your spouse, you may or may not lose your part in the insurance policy. Health Insurance Texas does not require the policy provider to keep the ex-spouse as dependent on the insurance policy. You can be covered by the health insurance of your ex as long as you are not removed as a dependent. Home Insurance For home insurance, you will get removed from the policy if you are not awarded ownership of the marital home. The case does not differ so much when it comes to life insurance. Just like health insurance, there is an option to keep your ex-spouse as a dependent. If you are no longer part of the policy, then there really is nothing they can do as this is also something that is allowed. What You Can Do Should you find yourself getting a divorce, or would like to just be ready for things like this, the best option you have is to get your own insurance policy. And while it might not be possible to get your own home insurance policy if you still live together with your spouse, you still have the option of […]

Divorce and My Insurance Policy

budget at home
If there’s one thing that ruins relationships, it’s money. That’s simply one of the first things couples—whether married or not—talk about when they start living together. It’s always a case of “who will pay for what,” and finding the right balance for the both of you. Are you moving in with your partner soon? Then you should start taking notes on how you can divide the expenses—for the sake of your future home and your relationship. Split your accounts and work out the percentage you’ll give Keeping your accounts separate is still the best option in any relationship. This will make it easier for couples to control their own earnings and avoid conflicts that come with having a joint account. What you need to do and agree to a certain percentage to allot to your housing needs while, of course, being considerate of how much you make individually. But let’s say you decide to put aside 30 percent of your salary for bills and necessities. Once that’s set, you have to commit to that. Recognize who makes more and who makes less This is in relation to the previous point. One should acknowledge if they are making more or lesser than their significant other. That way, you can pinpoint which expenses will fit your salary—whether it’s paying for the electricity, water, Wi-Fi, or buying groceries. That said, you still have to follow the allotment percentage you’ve agreed on. Again, it’s all about finding a balance in taking care of your home. Save, save, save When you’re done dividing tasks and expenses, you have to get along in this category. Saving money is key to living together. If you are spending too much on unnecessary things and not keeping your part of the agreement, this will cause problems in the long […]

How to Divide Expenses at Home when Both of You are Working