What are the community property laws regarding marriage in mexico? answers (268777)

A:  "relevant facts can be demonstrated such that the court decides the marriage is NOT irretrievably damaged" The court never decides that. If one party wants to be divorced, the divorce WILL be granted. You cannot force someone to stay married to you. "But what about interest accrued on that retirement account AFTER the marriage is ended? Is that community property or not?" Depends entirely on the terms of the divorce decree and any QDRO (google it) that splits the retirement account. You can specify a variety of different things by mutual agreement. If the parties can't agree, the judge makes the decision. If the parties somehow overlook the details of the...

what are the community property laws regarding marriage in mexico? related stuff
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A:  Generally speaking, if both spouses sign a debt agreement both are jointly liable to the creditor. However, if only one spouse signed the agreement, then depending on which state the agreement was signed or where the spouses now live, the non-signing spouse may have liability. Spousal liability in community property states Let us tackle the difficult states first -- the community property states. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New mexico, Texas, Washington or Wisconsin. If the spouses now live in a community property...

what are the community property laws regarding marriage in mexico? related stuff
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Law terms found in this answer: Accrued Liability |  

A:  Thank you for visiting Allexperts.com Mexican marriage can be set under one of these options: community property (sociedad conyugal) or separate property (separacion de bienes). marriage under community property means that all the property acquired ONLY after and during the marriage is owned in equal parts by each of the spousals, so in case of divorce there has to be a partition of the community property. Hope this answer is of help, if you have any other doubt please contact me again, I"ll be happy to help you....

A:  The issue is whether the decedent did anything during the marriage to transmute the home from separate to community, partially or wholly. Divorcing couples deal with this problem frequently. Using community property to pay off part of the loan has many possible outcomes, including a blended title, a debt to the community, or a gift to the decedent, depending on the facts. The surviving spouse may have other evidence. You might look for prior California posts in the family law section for more insight. The procedure should be the same, whether pro per or represented by counsel. The executor will declare the state of title in the inventory, and again in the petition...

what are the community property laws regarding marriage in mexico? related stuff
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A:  Before anything else, thanks for writing me at Allexperts.com again. Yes. Affect only  properties owned jointly in mexico. Any other property must be under applicable local law. Any doubt or another question, let me know it please. Thank you very much for visiting me at AllExperts.com again.  ...

A:  "I have a question regarding my original post." * Then please put it WITH your original post. I did put it with my original post! I was afraid no one would see it because it was an older post. I didn''t mean to be a problem to anyone, just looking for some advice. That''s why I summarized my previous posting so no one would have to look it up. Thank you for your time. Eaglesoar "I was afraid no one would see it because it was an older post." * Anytime you make a new post, it bumps the thread to the top....

A:  Leon Bayer I don"t like to second guess a fellow attorney unless I have reviewed the complete file and have a personal consultation with the client. However, in this case I think I will "second guess." There are ribbons of truth in what your lawyer has told you about the "phantom discharge" and the relationship between community property and community debt. So far, so good. However the "phantom discharge" is very limited in scope, (see Bankruptcy Code §524(a)(3), and it protects the community property interests of a non filing spouse in marital property after the filing spouse receives a discharge. However, this limited protection exists...

what are the community property laws regarding marriage in mexico? related stuff
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A:  Do you actually have a reported income? If not then the injured spouse form may not work since you may not have actually paid any taxes or entitled to an overpayment. The way to reduce future expose to grabbing a refund is to structure for much lower withholding--but not so low as to trigger underpayment penalities. . I do not believe your experience is unique. Repost your question in the Personal Tax Board as TaxAgent probably can give you the citation, etc.. But, I live in CA, another community property state, and I have heard from others in your situation that filing an Injured Spouse form does not help very much, if at all, in a community property state when it comes to...

A:  Before anything else, thanks for writing me at AllExperts.com Depends of specific case. Sometimes is possible under US Law file the case. In several cases Mexican Law prevail because marriage is under Mexican Law. Anyway, sometimes is possible file the case. Is necessary read all papers, will, agreement, specific applicable Law in each State (US and mexico), etc. Any doubt or another question, let me know it please. Thank you very much for visiting me at AllExperts.com...

A:  Laymans take: I follow your concern but have few clues as to answers. To me it seems that merely being eligible to file is speculative and not yet an action to be taken into consideration--but its a poker game... Generally valuation is at time of divorce and its not clear if this is tied to divorce or is post divorce "negioations" --but WI courts can deviate for events beyond control of parties--which raises issue of is either bankrupcy filing "involuntary?" My view would be enemy has duty to make his point. Question, if most property goes to satisify creditors then whats left to divide? Pensions and other assets which may not be subject to creditor claims?...

what are the community property laws regarding marriage in mexico? related stuff
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