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Is my spouse entitled to military retirement benefits if we've been married 8 years in Texas?
Yes. Texas is a community property state, therefore your spouse is entitled to half of the retirement you earned during marriage if you are divorcing in Texas.
In Texas, when a spouse dies, who is entitled to the house?
In Texas, when a spouse dies, the surviving spouse is typically entitled to the house if it was community property or if it was left to them in the deceased spouse's will.
Can a married couple have a home in only one spouse name in Texas?
Yes is the strict answer, but in a divorce the gloves come off and the strict terms of the Texas Family Code come into play, even if some property is in one name. The law states: "Each spouse has the sole management, control, and disposition of that spouse's separate property. Except as otherwise stated in the Texas Family Code, a spouse's separate property consists of: (1) the property owned or claimed by the spouse before marriage; (2) the property acquired by the spouse during marriage by gift, devise, or descent; and (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage. Community property consists of the property, other than separate property, acquired by either spouse during marriage. Property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The degree of proof necessary to establish that property is separate property is clear and convincing evidence." -From Sections 3.001 through 3.101 of the Texas Family Code.
What is a common law spouse entitled to in Texas?
In Texas, a common law spouse is entitled to certain legal rights and benefits similar to those of a legally married spouse, including property rights, inheritance rights, and the ability to make medical decisions for each other.
When husband dies with no will or children does his estate that he owned before marriage go to his spouse or closest blood kin in Texas?
It would go to his spouse
Is a husband entitled to his wife's property that she acquired prior to their marriage in Texas?
Generally, no. Texas is a community property state. Generally, any property acquired prior to marriage, and maintained as separate property during the marriage, is not considered community property. For more detailed advice you should consult with an attorney who specializes in divorce law.
If noncustodial father is unable to pay child support in Texas for a child from a previous marriage will his new spouse's income be garnished in Texas?
no... not her/his child ....that is called innocent spouse and the wages of a spouse that is not responsible for someone else's child when it is not biologically theirs.
Texas law kicking your spouse out if you both own the house?
Although it is not a crime, temporary orders would have to be in place to determine exclusive rights to a home owned during marriage (even if it was purchased prior to marriage). If you attempt to kick your spouse out, he/she might be able to obtain an injunction, or potentially other relief.
What are the laws concerning common law marriage in the state of Texas If one person dies who's entitled to their assets Are the parents of the deceased entitled to the assets of the survivor?
In Texas, common law marriage is recognized if both parties agree to be married, live together in Texas as a married couple, and represent themselves as married. Upon the death of one partner, the surviving partner typically has rights to the deceased's assets, similar to those of a formally married spouse. The deceased's parents are not entitled to the assets of the surviving partner unless specified in a will or other legal documents. Texas law prioritizes the surviving partner's claims to the deceased's estate over claims by the deceased's parents.
In Texas if a deceased spouse has named someone other than the surviving spouse does the surviving spouse have any claim under community property?
Property acquired during a marriage is subject to community property laws.A surviving spouse in Texas has other laws that may grant rights in the decedent's estate depending on whether there is a Will or not: Laws of Intestacy and a surviving spouse's Right of Election. You should seek the advice of an attorney who can review your situation and explain your options.https://brazoslawyers.com/widows-right-election-texas/
If a noncustodial father pay child support for a child from a previous marriage is the new spouse responisible for back child support in Texas?
No the new spouse is not responsible.
After a divorce in Texas are you liable for credit card debt in your spouse's name incurred while married?
Maybe. Texas is a community property state,it is generally accepted that debts incurred during marriage belong to both parties. However, Texas law gives a judge power to decide which contractual agreements are considered joint and which are the sole obligation of one spouse.
