KalishLawTexas' legal blog The Woodlands

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      12 Sep 2011

      Unmarried and Living Together in Texas? Protect Yourself!

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      One of our recent posts dealt with common law marriage in Texas. If that applies to you, please see our post from September 6th as well).

       

      This blog pertains to people who are living together in Texas but are unmarried under Texas law.   

       

      Living with another person can put you in a legally vulnerable position.  Each situation is different.  Here are some general guidelines to consider:

       

      1. Don’t commingle your property without full disclosure.  This means that you need to really know the financial situation of your partner before taking any risks.  Does she owe credit card debts, back child support, student loans; have liens or judgments against her?  Would it be beneficial to your credit rating to keep your finances totally separate?
      2. Don’t commingle your property without a specific agreement.  If you are going to commingle large amounts of money and property it is essential to have a written agreement between the two of you that would stand up in a court of law. This may offer some protection against third parties as well.
      3. Don’t pay mortgages or loan payments or improve property without gaining some ownership interest in the property or having a written agreement about it, unless you don’t mind taking a risk that the payments will be viewed later as a “gift”.
      4. Don’t give up your career to help in your partner’s business without pay and without a written agreement.
      5. Don’t sign or cosign or agree to be responsible for your partner’s debts unless you know what you are getting into, specify repayment terms in writing, and have considered what the action may do to your credit rating.
      6. If you decide to jointly own property (or pets) have a written agreement about what would happen if you split.
      7. Discuss what would happen if one of you dies before the other.   Would your partner get to stay in the home? Do not assume that your partner would be allowed to stay in the home or keep certain property because “s/he has been paying on it”, or “it partially belongs to her”.  Have valid wills that specify what you want to happen, especially if you anticipate a fight from your other family members.  
      8. Be sure that your bank accounts and beneficiary designations have your partner listed as your beneficiary after you die, if that is what you intend.  If you are unmarried, your partner does not automatically qualify as “surviving spouse”.
      9. Have health care powers of attorney that allow you to speak for each other in the event of illness, if that is what you both desire.  Since the two of you are not legally “family” to each other, you need these documents to avoid problems visiting, getting information, or making medical decisions in the event of a serious illness. 
      10. If the worst were to happen, and the relationship doesn’t make it, you will not have the protection of “divorce court”. A written contract may be the only legal grounds that you have to get in front of a judge and request fair treatment.

       

       

      Even if you absolutely, 100% trust your partner now and forever, things are not totally in your partner’s control.  For instance, the law does not give the same protections to unmarried couples as it does to married couples when it comes to illness, inheritance and community property ownership.  Secondly, there may be threats from your partner’s creditors that put your property at risk. Thirdly, even with the best of intentions and between people who truly care about each other there are misunderstandings.   And lastly, it is always better to have a well-thought out plan that can be adjusted later than it is to go in “blind” and hope everything is going to be OK.

       

      A qualified attorney can help you assess your financial and personal situation and put together a cohabitation agreement or other contracts that will protect you both and help you to both live up to your promises and intentions.  The attorneys at Kalish Law Office have experience in family law, debtor/creditor law, contract law and estate planning, so we can help you look at every aspect of your situation, inform you of your options and help you reach a decision on what you need.  

       

      Kalish Law Office  www.kalishlawtexas.com   281-363-3700

      The Woodlands, Texas. Since 1984

      tenemos una abogada que habla español

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      3 Mar 2011

      The Risks of Refinancing Your Home With Your Spouse or Partner

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      WARNING!  Joining in the refinancing of a home previously owned by your spouse or significant other does not guarantee that you actually “own” part of the house.

       

      Signing the Promissory Note DOES mean that you are legally responsible to pay the mortgage on the property. However, it does NOT mean that the property is automatically in your name, or that if your spouse dies you will automatically inherit all or part of the property.

      Here is a specific example that could contain a nasty surprise waiting somewhere down the line:

       

      Husband has three adult children by a previous marriage. He is divorced from Wife #1, and he owns his home, which is in his own name.   He then marries Wife #2.  


      Husband and Wife #2 evaluate their joint financial situation.  They decide that it would be financially helpful to them if they were to refinance the home that they live in. They apply for, and are granted a new mortgage.  It is at a better interest rate, especially since Wife #2 is a co-borrower. Husband and Wife #2 both sign the refinance agreement, but there is no deed filed in the county records which gives part ownership of the home to Wife #2.


      The couple goes along happily with their life.   Then, Husband dies suddenly, and without a will. 

      Under Texas law, his prior children inherit the ownership of the home, since the deed is in his name and it is his separate property. 

       

      Wife #2 does have a “life estate”, which means that she is allowed to live in the same home that her stepchildren now own. Under the paperwork she signed with the mortgage company, she is still obligated to pay the mortgage, but the home is not in her name and she cannot pass the home or any portion of it on to her own descendants. If she chooses to just walk away from the home, she is leaving behind the money that she and her deceased husband have already put into it, and her stepchildren don’t have to compensate her.

       

      This is a sobering set of facts, but unfortunately it is very common.


      It is very unlikely that the Husband in the example wanted this to happen.   It is more likely that he wanted Wife #2 to own 100% of the house upon his death. 

       

      The situation could have been avoided in two ways. First of all, a properly drafted and filed deed would have protected Wife #2, because it would have given her immediate rights and ownership in the property.  It would have legally given her her own portion, regardless of whether the Husband lived or died. 


      Secondly, the Husband could have had a valid will, which would have spelled out exactly what was to be done with his 50% upon his death. 

       

      It is important for everyone to understand all of the consequences of refinancing property. It is especially when dealing with second marriages, stepfamily issues, and non-traditional families. Couples who are in same-sex partnerships and cannot legally marry each other and couples who are unsure of their "common law" status or choose not to marry can be especially vulnerable to these problems.  A timely legal consult can avoid serious problems and unpleasant surprises later on.

       

      Kalish Law Office has been representing clients in family law and real estate law since 1984.  Located in The Woodlands, north of Houston, Texas.  281-363-3700.  www.kalishlawtexas.com

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      22 Dec 2010

      Divorce and Downsizing in Difficult Economic Times

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      Divorce is difficult and emotionally taxing, even when the economy is stable.  Added to the already overwhelming financial stress that some families are already experiencing, it can seem like an insurmountable burden.

       

      Divorce and business downsizing have a lot in common.  In both processes the principals involved must analyze their assets and debts, strengths and weaknesses. In both processes honest evaluation, flexibility, organization, and planning are essential in order to have a reasonably acceptable outcome.  In both processes there is anxiety, loss, and finally, a new beginning.

       

      The process is made more efficient, perhaps even a little less painful by a willingness to accept personal responsibility, simplify, economize, and ending relationships (whether business or personal) that are no longer working.

       

      Although emotions are likely to be running high, it is always important to step back and take a deep breath. Having family, friends, and professionals on your side that can be trusted to be honest with you while remaining supportive is important. 

       

      Information gathering is essential.  It is never too soon to gather information and look at all of your options.  This is especially important if you have complicating factors such as a family run business, high assets or a complicated financial picture. 

       

      Divorces can further be complicated by such factors as immigration issues, a child with a disability, or a non-traditional family structure.

       

      A law firm with the expertise to “cross over” into various areas to assist you with the entire picture can make the process easier to handle.

       

      Kalish Law Office 281-363-3700  The Woodlands, Texas  www.kalishlawtexas.com

      “Passionate, Professional and Personal. We Make the Difference” Since 1984.  Divorce, Family Law, Business Law, Family Immigration, Non-traditional Family Law, Real Estate and Probate

      Serving Montgomery, Harris, Walker, Waller, Fort Bend and surrounding Texas counties

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  • KalishLawTexas' legal blog The Woodlands

    The Kalish Law Office is located at 26009 Budde Rd, Ste A-100 in Spring - The Woodlands, Texas, north of Houston. Divorce, child custody and support, adoption, family law, real estate, wills/estate planning, and business law. Tenemos una abogada que habla espanol directamente con usted. "Passionate, Professional and Personal. We Make the Difference." Since 1984 BE SURE TO CHECK OUT OUR MAIN WEBSITE AT kalishlawtexas.com!

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