Frequently Asked Questions (“FAQs”) in
Texas Divorce and Family Law
FAQs in Marriage :
Q. – Which marriage is presumed to be valid?
Q. – What if I’m married elsewhere in another state or country?
Q. – Can I sue my spouse for “alienation of affection”?
Q. – Is a promise in consideration of marriage enforceable in Texas?
Q. – Can a minor apply for a marriage license?
FAQs in Marital Property:
Q. – What is considered separate property in Texas?
Q. – What is considered community property in Texas?
Q. – Is there a presumption of community property at the time of divorce? What proof or evidence is required to disprove this presumption?
Q. – Can I record a list or schedule of separate property in my county?
Q. – What happens if I make a gift to my spouse during marriage?
Q. – How is my insurance proceeds classified in my marital estate?
FAQs in Marital Liability or Debt
Q. – Am I liable for my spouse’ debt or liability in Texas?
Q. – What are the rules for marital liability? Am I liable for my spouse’s financial mistakes?
Q. – What is a claim for Economic Contribution to the Marital Estate?
FAQs in Marriage:
Q. – Which marriage is presumed to be valid?
A. - When two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid as against each marriage that precedes the most recent marriage until one who asserts the validity of a prior marriage proves the validity of the prior marriage
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Q. – What if I’m married elsewhere in another state or country?
A. - The law of this state applies to persons married elsewhere who are domiciled in this state. This means that so long as the person seeking to enforce the marriage is a resident or domicile of Texas, the marriage contract would be enforceable in Texas regardless of where the marriage was consummated or where the parties were married.
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Q. – Can I sue my spouse for “alienation of affection”?
A . – No. In Texas, a right of action by one spouse against a third party for alienation of affection is not authorized in this state.
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Q. – Is a promise in consideration of marriage enforceable in Texas?
A. - A promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is in writing and signed by the person obligated by the promise or agreement.
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Q. – Can a minor apply for a marriage license?
A. - In addition to the other requirements provided by this chapter, a person under 18 years of age applying for a license must provide to the county clerk:
(1) documents establishing, as provided by Section 2.102 of the Texas Family Code, parental consent for the person to the marriage;
(2) documents establishing that a prior marriage of the person has been dissolved; or
(3) a court order granted under Section 2.103 authorizing the marriage of the person.
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FAQs in Marital Property:
Q. – What is considered separate property in Texas?
A. - 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.
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Q. – What is considered community property in Texas?
A. - Community property consists of the property, other than separate property, acquired by either spouse during marriage.
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Q. – Is there a presumption of community property at the time of divorce? What proof or evidence is required to disprove this presumption?
A. - (a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.
(b) The degree of proof necessary to establish that property is separate property is clear and convincing evidence.
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Q. – Can I record a list or schedule of separate property in my county?
A. – Yes. A subscribed and acknowledged schedule of a spouse's separate property may be recorded in the deed records of the county in which the parties, or one of them, reside and in the county or counties in which the real property is located.
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Q. – What happens if I make a gift to my spouse during marriage?
A. - If one spouse makes a gift of property to the other spouse, the gift is presumed to include all the income and property that may arise from that property.
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Q. – How is my insurance proceeds classified in my marital estate?
A. - (a) Insurance proceeds paid or payable that arise from a casualty loss to property during marriage are characterized in the same manner as the property to which the claim is attributable.
(b) If a person becomes disabled or is injured, any disability insurance payment or workers' compensation payment is community property to the extent it is intended to replace earnings lost while the disabled or injured person is married. To the extent that any insurance payment or workers' compensation payment is intended to replace earnings while the disabled or injured person is not married, the recovery is the separate property of the disabled or injured spouse.
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FAQs in Marital Liability or Debt
Q. – Am I liable for my spouse’ debt or liability in Texas?
A. – Not necessarily.
a) A person is personally liable for the acts of the person's spouse only if:
(1) the spouse acts as an agent for the person; or
(2) the spouse incurs a debt for necessaries as provided by Subchapter F, Chapter
(b) Except as provided by this subchapter, community property is not subject to a liability that arises from an act of a spouse.
(c) A spouse does not act as an agent for the other spouse solely because of the marriage relationship.
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Q. – What are the rules for marital liability? Am I liable for my spouse’s financial mistakes?
A. – The rules allow for joint spousal liability in Texas only as follows:
(a) A spouse's separate property is not subject to liabilities of the other spouse unless both spouses are liable by other rules of law.
(b) Unless both spouses are personally liable as provided by this subchapter, the community property subject to a spouse's sole management, control, and disposition is not subject to:
(1) any liabilities that the other spouse incurred before marriage; or
(2) any nontortious liabilities that the other spouse incurs during marriage.
(c) The community property subject to a spouse's sole or joint management, control, and disposition is subject to the liabilities incurred by the spouse before or during marriage.
(d) All community property is subject to tortious liability of either spouse incurred during marriage.
[Note: Please consult with one of our Texas Marital Property Attorneys in segregating marital property before or after marriage, so as to limit spousal liability. Through proper professional planning in marital and estate planning, liabilities can be avoided to minimize the risks to the community or individual estates]
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Q. – What is a claim for Economic Contribution to the Marital Estate?
A. - "economic contribution" is the dollar amount of:
(1) the reduction of the principal amount of a debt secured by a lien on property owned before marriage, to the extent the debt existed at the time of marriage;
(2) the reduction of the principal amount of a debt secured by a lien on property received by a spouse by gift, devise, or descent during a marriage, to the extent the debt existed at the time the property was received;
(3) the reduction of the principal amount of that part of a debt, including a home equity loan:
(A) incurred during a marriage;
(B) secured by a lien on property; and
(C) incurred for the acquisition of, or for capital improvements to, property;
(4) the reduction of the principal amount of that part of a debt:
(A) incurred during a marriage;
(B) secured by a lien on property owned by a spouse;
(C) for which the creditor agreed to look for repayment solely to the separate marital estate of the spouse on whose property the lien attached; and
(D) incurred for the acquisition of, or for capital improvements to, property;
(5) the refinancing of the principal amount described by Subdivisions (1)-(4), to the extent the refinancing reduces that principal amount in a manner described by the appropriate subdivision; and
(6) capital improvements to property other than by incurring debt.
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We serve the following States, Cities, Zip Codes and Counties:
Texas, Austin TX 78731, Georgetown TX 78626, Cedar Park TX 78630, Westlake TX 78746, Pflugerville 78660, Bastrop TX 78602, San Antonio TX 78248, Corpus Christi TX 78401, Harlingen TX 78550, Houston TX 77024, Waco TX 76701, Killeen TX 76540, Alamo Heights TX 78209, Hill Country Village TX 78232, Lakeway TX 78734, Southlake TX 76092, Lago Vista TX 78645, Dallas TX 75225, Ft. Worth TX 76177, Del Rio TX 78847, Laredo TX 78040, Eagle Pass TX 78853, Brownsville TX 78520, Edinburg TX 78539, El Paso TX 79901, Giddings TX 78942, Goliad TX 77963, Gonzales TX 78629,Helotes TX 78023, Hewitt TX 76643, Hutto TX 78634, Liberty Hill TX 78642, Burnet TX 78611, Katy TX 77450, Kerrville TX 78028, Kyle TX 78640, La Grange TX 78945, Laguna Vista TX 78578, Lampasas TX 76550, Las Colinas TX 75062, League City TX 77573, Lockhart TX 78644, Hutto TX 78634, Lubbock TX 79401, Lufkin TX 75901, McAllen TX 78501, Midland TX 79701, Nacogdoches TX 75961, Fredericksburg TX 78624, New Braunfels TX 78130, Odessa TX 79760, Pearland TX 77581, Pharr TX 78577, Pleasanton TX 78064, Port Aransas TX 78373, Port Arthur TX 77640, Port Isabel TX 78578, Port Lavaca TX 77979, Poteet TX 78065, Rockdale TX 76567, Rockwall TX 75032, Round Rock TX 78664, San Angelo TX 76901, San Antonio TX 78259, Schertz TX 78109, Seguin TX 78155, Seagoville TX 75159, Shavano Park TX 78231, Shreveport TX 71101, South Padre Island TX 78597, Sugar Land TX 77478, Sulphur Springs TX 75482, Sweetwater TX 79556, Taylor TX 76574, Texarkana TX 75501, The Woodlands TX 77380, Tyler TX 75701, Universal City TX 78148, Uvalde TX 78801, Victoria TX 77901, Waco TX 76701, West Lake Hills TX 78746, Wichita Falls TX 76301, Woodlake TX 75865, Woodlands TX 77381, Westlkake TX 76262, White Oak TX 75693, Zavalla TX 75980, Travis County, Williamson County, Hays County, Bell County, Bexar County, Anderson County, Bandera County, Baylor County, Bee County, Blanco County, Brazoria County, Brazos County, Bricoe County, Brooks County, Burleson County, Burnet County, Caldwell County, Cameron County, Collin County, Dallas County, Denton County, Ector County, Ellis County, El Paso County, Fort Bend County, Galveston County, Grayson County, Gregg County, Guadalupe County, Harris County, Hays County, Henderson County, Hidalgo County, Hunt County, Jefferson County, Johnson County, Kaufman County, Kerr County, Lamar County, Liberty County, Lubbock County, McLennan County, Matagorda County, Midland County, Montgomery County, Nueces County, Orange County, Parker County, Potter County, Randall County, Smith County, Tarrant County, Taylor County, Travis County, Val Verde County, Victoria County, Walker County, Webb County, Wichita County, Williamson County