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Separating assets 12 years after split?

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Rhianimator

Junior Member
What is the name of your state (only U.S. law)? Texas

I am 27 years old and my parents split up 12 years ago. They've been apart ever since. I have 2 younger siblings, the youngest of which will be turning 18 soon.

My parents only had a common law marriage, though they had shared assets. When my mother left, she took my younger siblings and just left. No legal proceedings followed. My parents have had no law involved at all. My father has given her 400-600 a month cash in child support since the split, even when I was younger than 18. He also has purchased necessary school items (clothes, dues for clubs, band instruments, whatever he could) the entire time. On top of all of this, he purchased her a house in a small town here in Texas for $11,000 using monies from land he owned and sold off. That house was destroyed in a flood, and so he purchased another home for her spending another $25,000.

He's paid for my mother to have cell phones and purchased new cell phones for her since the split as well. Talking to friends, I feel like he's given so much. He doesn't have that much to give.

The problem is this, my mother took nothing that they owned together when they split. My father has 10 acres and a small cottage style home that has gone from a value of ~$5000 per acre in 98 to nearly $20000 an acre now.

Seeing the caboose of the proverbial gravy train coming to an end soon with my brother turning 18, she's decided to take legal action to get half of the land and house.

My question is this, can she do this? does anything my father has done in the last 12 years count? If he has to sell and split the land that I had hoped to purchase and build a home on myself, does she get half of current market value?

I am so at a loss that she would do this at this point. All that aside, I'd truly appreciate any legal insight I could get.

This sight seems wonderful.

Thank you so much.
 


mistoffolees

Senior Member
Legally and technically, they're still married, so they are each entitled to 1/2 of marital assets and marital debts.

Whether that's morally the right thing to do is a different question.

One of them needs to file for divorce and division of assets.

Texas is a community property state. HOWEVER, the judge can divide assets in a 'just and right' fashion. Given that they separated 12 years ago, Dad can certainly ask the court to make the division based on the value 12 years ago (plus some inflation factor). He could also ask the court to consider anything he earned or accumulated since the separation to be separate property. His success will depend on having a good attorney.

There is also the issue of common law marriage. It might be possible to assert that they weren't married at all. Without knowing the specifics, it's hard to say how that would go.

In any event, Dad needs to be talking to an attorney. Now.
 

Rhianimator

Junior Member
Thank you so much. There are levels and levels of information and history. I learned today that they were legally married in June of 1983 and legally divorced in 1987 at which a legal separation of assets was done. The got back together in 1990 and had my sister, then 2 years later had my brother. They were never remarried, but they lived together. My mother kept my father's name even through the first, legal divorce. Then again they separated in 98.

My father is just a good older man who still makes deals on handshakes, assumes the best in people, and has had a very bad string of luck with lawyers. He has quite the aversion to them, though I totally agree he needs to find one ASAP. I suppose the best route would be a referral from a friend, but would you guys trust review sites when finding a lawyer? Its difficult on the internet, (even on the review sites) to sort the paid ads from the real thoughts of reviewers. If anyone has a suggestion, I'd be thrilled.



It's kind of amazing the things I am finding out about my family history through this mess. I remember them being separated when I was very young, but again they are both unconventional people. Thanks again for all of your help.
 

mistoffolees

Senior Member
Thank you so much. There are levels and levels of information and history. I learned today that they were legally married in June of 1983 and legally divorced in 1987 at which a legal separation of assets was done. The got back together in 1990 and had my sister, then 2 years later had my brother. They were never remarried, but they lived together. My mother kept my father's name even through the first, legal divorce. Then again they separated in 98.
They may not have been married the second time - even if they were living in a common law state. The rules for a common law marriage are strict.

Your father needs to post here because he will have all the information that you don't have. Plus, he can express what HE wants rather than you expressing what YOU want.
 

Rhianimator

Junior Member
I'm actually curious if this is what dad wants, or what you want...
I appreciate your concern, but neither of us "want" any of this. If your implication is that I want advice for my father that he doesn't want, I'm not sure the two are mutually exclusive. In fact, Mom is doing something he absolutely does not want. He doesn't want to lose his land and home especially after everything he's given. He does not want to have to go through this entire ordeal. In his mind and by his own admittance, he thought things were setteld between him and mom.

I am doing what I can to help him - he's not terribly tech savvy and I'm just on an information finding mission. First contact has just been made from my mother's lawyers, and Dad is floored and lost. I am concerned for him and want very much to help him.

I hope I've satisfied your curiosity.

I will direct him here. Perhaps I am going too far, but again, I thought this would be a good first stop.

If anyone has any tips on how they go about finding a good family lawyer, that would be fantastic too.
 
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Isis1

Senior Member
We aren't trying to be mean or pick on you. But we have to ask to protect the person who needs the advice. And in this manner, it's your dad. We see too many "friends", "caring relatives" trying to figure out how to benefit themselves.

And we personally don't give referrals. But there is a search engine to the left that can find one in your area. Your dad would serve himself well to take his paperwork and consult with a few attorneys.

My unsolicitated advice. Dad so overgifted mom. And NOW he wants to pull the plug on his generousity. She can't be happy about that. Greeeedy!!!
 

LdiJ

Senior Member
I appreciate your concern, but neither of us "want" any of this. If your implication is that I want advice for my father that he doesn't want, I'm not sure the two are mutually exclusive. In fact, Mom is doing something he absolutely does not want. He doesn't want to lose his land and home especially after everything he's given. He does not want to have to go through this entire ordeal. In his mind and by his own admittance, he thought things were setteld between him and mom.

I am doing what I can to help him - he's not terribly tech savvy and I'm just on an information finding mission. First contact has just been made from my mother's lawyers, and Dad is floored and lost. I am concerned for him and want very much to help him.

I hope I've satisfied your curiosity.

I will direct him here. Perhaps I am going too far, but again, I thought this would be a good first stop.

If anyone has any tips on how they go about finding a good family lawyer, that would be fantastic too.
There is an important question here that hasn't been asked or answered.

How is the property deeded, and what was the disposition of the property in the legal divorce?

I suspect that your mother's attorney would not be pursuing this unless your mother had been either granted something in the legal divorce regarding the property, or was still a legal owner of the property.

If your mother is a legal owner of the property, particularly if it was purchased after the legal divorce, it would be no different than if someone else shared ownership of the property with your father.
 

Ohiogal

Queen Bee
Texas: calls it an "informal marriage," rather than a common-law marriage. Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a three-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.
Common Law Marriage
 

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