Divorce questions

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TennesseeTuxedo
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Re: Divorce questions

Postby TennesseeTuxedo » Sat Jul 29, 2017 8:32 am

Ol' 243 wrote:
cowgirl8 wrote:
M-5 wrote:Cheaper to keep her.

I can only imagine the situation to make you comment this....bless her heart...


Just think how many times you're hubby has contemplated his options. :lol:


Hope this coffee doesn't ruin my iPad. Lol
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Re: Divorce questions

Postby slick4591 » Sat Jul 29, 2017 8:35 am

Sorry you're going thru this.

Yes, Texas is a community property state. That pretty much means that EVERYTHING acquired while you were married belongs to both. The "in my name" doesn't mean squat unless it was acquired before you were married. Do not liquidate and hide anything as you will most certainly regret it if there's a judge deciding property division. The better way to go is to sit down and come to an agreement you can both agree to. From personal experience I can tell you a mutual agreement is the way to go. That way you only have to hire one lawyer to get the paperwork in order. All the fighting that goes on only makes the lawyers more money.
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TennesseeTuxedo
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Re: Divorce questions

Postby TennesseeTuxedo » Sat Jul 29, 2017 8:40 am

slick4591 wrote:Sorry you're going thru this.

Yes, Texas is a community property state. That pretty much means that EVERYTHING acquired while you were married belongs to both. The "in my name" doesn't mean squat unless it was acquired before you were married. Do not liquidate and hide anything as you will most certainly regret it if there's a judge deciding property division. The better way to go is to sit down and come to an agreement you can both agree to. From personal experience I can tell you a mutual agreement is the way to go. That way you only have to hire one lawyer to get the paperwork in order. All the fighting that goes on only makes the lawyers more money.


You very much nailed it. Dividing the business could get sticky.
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Re: Divorce questions

Postby hurleyjd » Sat Jul 29, 2017 8:45 am

I really have no experience in divorcees. So do not pay any attention to my thoughts. I have been married to the same woman for 56 years. She has always defended me and helped me in any thing that I would tackle and I would her. Sure we had a few hard bumps but nothing we could not get past. She told me last week when everything that I was trying to use to bale hay was acting up and breaking that I might look at the problems as an omen and get out of the cow business. I think she is right and I am really looking seriously at doing it. 77 years old and I can not seem to get anything done any more. Spend to much time on this forum reading about you-all's accomplishments and failures.
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Re: Divorce questions

Postby TexasBred » Sat Jul 29, 2017 9:16 am

saltbranch wrote:I am 48, been married 24 years. This last year has been tough on both of us as we dont get along. Everything turns into an argument, now pretty much daily. In my mind, we have hit the point of cutting each other loose. I am tired of this crap and worked to hard for things to lose it in a divorce. We have a business together, which she works at as I still work a time card job. The business we share, the cattle I have, the trailers/trucks are all in my name. I am going to start selling trucks and trailers and paying off bills, until she balks at it.. I suppose I should liquidate the cattle..its only like 20 head in my name. Land is still in my fathers name. For those thats been there done that...any advice? Not interested in counselors and all that, strictly advice towards divorce as I am pretty much done.. I am in Texas for reference and our kids or 20 plus years old. Thx

You're in Texas, a community property state. Buy sell or trade all you want......Have of everything acquired while you've been married belongs to her. Land is still your dads..........counselors are only good if both of you are willing to make changes. Hope everything works out for you.
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Re: Divorce questions

Postby Bigfoot » Sat Jul 29, 2017 10:30 am

My son told me, in parts of the Middle East, you don't get to know your wife until your married. I said heck son, it's the same way here all over.
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Re: Divorce questions

Postby cowgirl8 » Sat Jul 29, 2017 10:34 am

TexasBred wrote:
saltbranch wrote:I am 48, been married 24 years. This last year has been tough on both of us as we dont get along. Everything turns into an argument, now pretty much daily. In my mind, we have hit the point of cutting each other loose. I am tired of this crap and worked to hard for things to lose it in a divorce. We have a business together, which she works at as I still work a time card job. The business we share, the cattle I have, the trailers/trucks are all in my name. I am going to start selling trucks and trailers and paying off bills, until she balks at it.. I suppose I should liquidate the cattle..its only like 20 head in my name. Land is still in my fathers name. For those thats been there done that...any advice? Not interested in counselors and all that, strictly advice towards divorce as I am pretty much done.. I am in Texas for reference and our kids or 20 plus years old. Thx

You're in Texas, a community property state. Buy sell or trade all you want......Have of everything acquired while you've been married belongs to her. Land is still your dads..........counselors are only good if both of you are willing to make changes. Hope everything works out for you.

Yes, the land is still your fathers. Get with him and find out what he wants to do with his land. If he dies before he writes out a will, it goes to his kids, thus, making it part of your divorce if that happens afterwards. Do you have kids? My parents divorced when I was 12 and my dad patted himself on the back for leaving with just the shirt on his back. Heard him say this many times. But, what he failed to add was nothing was paid for. The house had another 25 years, the car they had just gotten he left the payments to my mom. I was way too young to understand it at the time, but I get it now, he was a azzh0le..
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Re: Divorce questions

Postby True Grit Farms » Sat Jul 29, 2017 10:43 am

They seem to breed them.
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Re: Divorce questions

Postby cowgirl8 » Sat Jul 29, 2017 11:07 am

True Grit Farms wrote:They seem to breed them.

I learned from it. I learned what traits I did not like about my father and found a guy who has none of them.
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Re: Divorce questions

Postby slick4591 » Sat Jul 29, 2017 11:22 am

cowgirl8 wrote:Yes, the land is still your fathers. Get with him and find out what he wants to do with his land. If he dies before he writes out a will, it goes to his kids, thus, making it part of your divorce if that happens afterwards. Do you have kids? My parents divorced when I was 12 and my dad patted himself on the back for leaving with just the shirt on his back. Heard him say this many times. But, what he failed to add was nothing was paid for. The house had another 25 years, the car they had just gotten he left the payments to my mom. I was way too young to understand it at the time, but I get it now, he was a azzh0le..


Firstly, never hire CG8 to represent you!

Anything your dad leaves you in the form of an inheritance stays with you unless you convert it to community property. If you were to sell the inheritance and buy something with the proceeds while you are legally married it turns into community property.

I have a situation where my wife's mom gifted her this house and some acreage. I own separate (also gifted) property at my farm. At one point we looked into selling her place and building on mine. It didn't happen, but had we done that we would be converting each of our separate property into community property.
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Re: Divorce questions

Postby Jogeephus » Sat Jul 29, 2017 12:15 pm

If you have a family attorney that both of you like and respect - one that also knows you both - this attorney can be a great resource because they can help moderate an equitable split that is both legal and fair to both parties. As others have said, the last thing you want to do is both lawyer up where the attorneys will milk you both. If you get in a pizzing match the only winners are attorneys. :2cents:
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Re: Divorce questions

Postby cowgirl8 » Sat Jul 29, 2017 12:35 pm

slick4591 wrote:Firstly, never hire CG8 to represent you!

Anything your dad leaves you in the form of an inheritance stays with you unless you convert it to community property. If you were to sell the inheritance and buy something with the proceeds while you are legally married it turns into community property.

I have a situation where my wife's mom gifted her this house and some acreage. I own separate (also gifted) property at my farm. At one point we looked into selling her place and building on mine. It didn't happen, but had we done that we would be converting each of our separate property into community property.


Not to argue, but I don't think this is right. If his father writes up a will leaving his land to his son, who is married, it becomes both theirs. After the fact they do divorce, she gets a chunk.. Not sure about gifted land, i'll assume the gift giver is still alive? Just been dealing with an estate lawyer, and even though you can google answers you want to hear, you need to hear it from a person who deals with it in person. Not cut and dry. Heard stories of assumptions made by people before they divorced on land. Maybe if you get it in writing and its signed, like a prenup, but what spouse would do that after they are married..
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Re: Divorce questions

Postby slick4591 » Sat Jul 29, 2017 12:52 pm

Like I said:

Marriage and Property

In marriage, property generally falls under one of two categories: community property and separate property. Community property consists of marital assets obtained during the marriage, for example, wages and items purchased using marital funds, such as the marital home. Community property is owned jointly and shared equally by both spouses. Thus, it is generally divided between spouses upon divorce. Separate property consists of personal items, gifts, money and property owned by either spouse prior to marriage. Gifts received by one spouse during the marriage are separate property so long as they are never used to benefit the other spouse or marriage. An inheritance is also considered separate property unless the spouse who received it combines it with community property.


Inheritances can always be brought up in a divorce, but unless there are special circumstances hardly are they ever looked at.
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Re: Divorce questions

Postby M-5 » Sat Jul 29, 2017 1:15 pm

cowgirl8 wrote:
slick4591 wrote:Firstly, never hire CG8 to represent you!

Anything your dad leaves you in the form of an inheritance stays with you unless you convert it to community property. If you were to sell the inheritance and buy something with the proceeds while you are legally married it turns into community property.

I have a situation where my wife's mom gifted her this house and some acreage. I own separate (also gifted) property at my farm. At one point we looked into selling her place and building on mine. It didn't happen, but had we done that we would be converting each of our separate property into community property.


Not to argue, but I don't think this is right. If his father writes up a will leaving his land to his son, who is married, it becomes both theirs. After the fact they do divorce, she gets a chunk.. Not sure about gifted land, i'll assume the gift giver is still alive? Just been dealing with an estate lawyer, and even though you can google answers you want to hear, you need to hear it from a person who deals with it in person. Not cut and dry. Heard stories of assumptions made by people before they divorced on land. Maybe if you get it in writing and its signed, like a prenup, but what spouse would do that after they are married..


Maybe you should try Bing. Lol
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Re: Divorce questions

Postby cowgirl8 » Sat Jul 29, 2017 1:45 pm

M-5 wrote:Maybe you should try Bing. Lol

A google/bing expert would know....some day I hope to know as much as you do googling....lol
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