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checking and saving's account

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rolandofgilead

Junior Member
In Texas. If I have a separate checking and saving's account from spouse, will this be split in a divorce. Only been married 6 months.
 


mistoffolees

Senior Member
In Texas. If I have a separate checking and saving's account from spouse, will this be split in a divorce. Only been married 6 months.
Depends.

TX is a community property state. Property owned at the time of divorce is presumed to be community property:
Property and Debt Division in a Texas Divorce

However, if you can show via 'clear and convincing evidence' that the property was separate, it should not be divided. For example, if you had $10,000 in a bank account before you were married and did not mingle that with marital funds, that would remain as separate property. Or if you inherited money while married but kept it in a separate account, it would not be divided.

So what are the details? Where did the money come from? Was the account used for marital items? How much money is involved?
 

rolandofgilead

Junior Member
I just put money in that I make from work into the account. I use it to pay for the mortgage of the home, and all the bills, water, electricity, cable. I'm the only one who puts money into the account, or the home.
 

mistoffolees

Senior Member
I just put money in that I make from work into the account. I use it to pay for the mortgage of the home, and all the bills, water, electricity, cable. I'm the only one who puts money into the account, or the home.
It doesn't matter. If it's income from your job, it's community property and will be divided in the divorce.
 

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