Texas Divorce Lawyer
Q: In the case of divorcing spouses in Texas, when does the community generally end? On the date they stop living together? Must there be a "legal separation" if this is the case? Or is just no longer living together sufficient to end the community? Or does the community end on the date of divorce, if later than the date of separation?
A: I am not a lawyer. I am not even a Texan. A little Googling indicates that community property laws are in effect as long as a couple is married--- and merely moving out is not enough to end a marriage. If you are getting a divorce in Texas, you might want to hire a Texas divorce lawyer. Texas recogizes common law marriages, but there is no common law divorce. the California rule is that community property is only created (earned by one partner by his skill, foresight or industry) while the parties are both married and living together as husband and wife. A separation with thought that the couple may get back together means community property continues. A separation with the intent not to get back together terminates community property. There is case authority that a couple who separate with the intent that it be permenant, but continue to reside in the same house, terminate the community and do not generate further community property.