How much is a legal seperation & time frame of getting one
2 attorney answers
Texas doesn't offer a legal separation. You should meet with a divorce lawyer to discuss what your options are. You might consider a post-nuptial agreement that would define what your separate property is. Otherwise, any property you purchase during the marriage will be considered community property.
Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas and Rockwall, Texas. My use of Avvo is not intended to form an attorney-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney.
There is no such thing as a legal separation in the state of Texas. You can be living apart, but until the judge grants the divorce you are continuing to accumulate community property together. If you use your income to purchase a home if you were married when you purchased it then the home is presumed to be community property. The lender would require your spouse to participate in the transaction in order to perfect their lien. The only way you could potentially avoid this besides getting divorced before purchasing would be to enter into a postnuptual agreement that changes the rules of community property - you can agree that your property and any property you obtain in the future is your sole and separate property.
You should consult with an experienced family law attorney in your area to determine what is the best option for you.
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