If I got married in anon-community property state but moved to a community property state, am I affected by the community property laws upon divorce?

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If I got married in anon-community property state but moved to a community property state, am I affected by the community property laws upon divorce?

Asked on January 18, 2013 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Where you file for divorce will control which rules will be applied to the division of property.  Most states have certain residency requirements before you can file for divorce. Texas, for example, requires that you live in the state six months and in a particular county for three months, before you can file in Texas.  Venue and jurisdiction will follow the current residences of the parties-- not where they parties were married.   So if you were married in a non-community property state, but then moved to Texas (which is a community property state), then your marital property will be divided in accordance with Texas rules regarding the division of marital property.  Texas uses a standard called "fair and equitable," which often means "fifty-fifty", but does necessarily guarantee a "fifty-fifty" split. 


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