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re: Louisiana/Texas married people, are you comfortable with community property?

Posted on 1/6/19 at 10:48 am to
Posted by X123F45
Member since Apr 2015
29994 posts
Posted on 1/6/19 at 10:48 am to
quote:

i always have to ask them what kind of risk their spouse is, b/c they can go rack up debts while they wait the 6-12 months


Which is why you lie and say you've already been separated for a year.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 1/6/19 at 10:49 am to
helping people to defraud the system is not worth the meager pittance i charge for uncontested divorces, sir
Posted by yellowfin
Coastal Bar
Member since May 2006
99034 posts
Posted on 1/6/19 at 10:55 am to
Yeah there’s no money in family law
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 1/6/19 at 10:55 am to
there's only money if you are really good at creating anxiety in people that leads to conflict during the divorce

i do uncontested so if there is any conflict, i'm out
Posted by BestBanker
Member since Nov 2011
19717 posts
Posted on 1/6/19 at 10:56 am to
I ilke Community coffee.
Posted by X123F45
Member since Apr 2015
29994 posts
Posted on 1/6/19 at 11:08 am to
It was under 350 for the paperwork and tne filing.

Best money ever spent.
Posted by Skorzany
Member since Dec 2018
356 posts
Posted on 1/6/19 at 11:38 am to
Just shows you’re an attorney that also doesn’t know dick either about matrimonial regimes. Probably too scared to go to trial as well because you are afraid of how little you know might be exposed to your client. Little hint baw. When you start getting into the finer points of law you better know your shite else you’re gonna look like a Southern Law Graduate.


Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
481186 posts
Posted on 1/6/19 at 11:46 am to
so wait are you arguing that debt accumulated during a marriage isn't part of the matrimonial regime?

there are some extreme examples, but it's very hard to get a debt incurred during a marriage declared separate

hell i'm reviewing a case where the appellate court said that a spouse was liable for a 7-figure community debt from the other spouse stealing the money. the "innocent" spouse wasn't part of the scheme and the theft was clearly intentional. still community
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 1/6/19 at 12:30 pm to
quote:

7-figure community debt

Posted by Fishwater
Carcosa
Member since Aug 2010
6077 posts
Posted on 1/6/19 at 12:52 pm to
Here is a good scenario:

Husband and wife are married. Husband buys property (lets say a beach condo) with his own money during the marriage, but forms an LLC to purchase the condo and then donates the condo to another LLC which is owned by another LLC under the original LLC. (a series LLC). The wife has no idea her husbands LLC owns this condo. They use it regularly, she thinks its a friends condo they get to use. Husband has the intent for it not to be used for the benefit of the marriage. Of course, the couple divorces and the court has to determine whether the condo is marital property which can be split in the divorce. What you think here? Is husband fricked?

(No, not asking for a friend. Was trying to think of ways to avoid getting my arse cleaned out down the road )
This post was edited on 1/6/19 at 12:53 pm
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
28921 posts
Posted on 1/6/19 at 1:27 pm to
It's fairly simple to exclude assets from community property. If you have business partners you can even blame it on them.
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
158988 posts
Posted on 1/6/19 at 1:54 pm to
"Community Property"
An episode of the old radio series Suspense, starring Kirk Douglas as a man plotting to murder his wife b/c he expects to inherit a fortune and doesn't want to share. The twist ending hinges on Cali's community property laws.
Posted by Skorzany
Member since Dec 2018
356 posts
Posted on 1/6/19 at 8:15 pm to

Sorry. I’d help you but I would have to charge.
Posted by Corkfather
Dallas
Member since Sep 2007
19756 posts
Posted on 1/7/19 at 8:37 am to
How does someone let his/her spouse rack up debts on their own? Isn’t one of the main points of marriage to have the money and bank accounts etc, together?
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