Separated But Not Yet Divorced? You May be Leaving Money on the Table


Most states recognize a legal separation. Not Texas. In Texas, after you get married you remain married until the divorce decree is finalized. This has important ramifications for the division of property.

Almost all property acquired during marriage in Texas, by either spouse, is considered community property and subject to division during divorce. If your spouse separates from you and goes on a spending spree using a joint bank account or credit card, or even an account in only their name but opened during the marriage, he or she is spending your money. It is important to keep track of this spending so that an experienced attorney can pursue a claim for those funds.

Additionally, if your separated spouse begins buying houses, cars, or other expensive items following separation, that property is also likely your property and you may be entitled to possession or proceeds from the sale. You need an attorney skilled in tracking spending and arguing for your rights in mediation and in the courtroom. Kirker Davis can help.

If you are contemplating divorce, or if you are concerned your spouse may be contemplating divorce, you need an experienced divorce litigation attorney who will zealously fight for your rights. Contact Kirker Davis LLP to schedule a meeting with a divorce litigation attorney today.


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