Turning Separate Property Into Community Property

Houston Divorce LawyerQuestion:

I need marriage separation advice on turning separate property into community property.

My wife and I are moving into a house the she recently inherited, though we are on rocky terms and considering a separation.

How can I make her inherited separate property our shared community property so in case we do divorce I have a claim to the marital home?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Texas and am thus unable to provide specific legal advice on divorce and property division laws in your state.

In order to convert your wife’s separate property into community property you both will need to enter into a conversion agreement.

Conversion agreements are another form of a marital property agreement and are construed and interpreted according to contract law. The purpose of the conversion agreement is to convert separate property into community property.

The basic requirements of the agreement are:

1. It must be in writing.

2. Identify the separate property being converted and specify that it is being converted into community property.

3. The agreement should contain that the parties have had fair and reasonable disclosure of the legal effects of converting separate property into community property. This language should be in boldfaced type or underlined.

4. No consideration is required.

5. Sworn and acknowledged in the form of a notarization.

It is also a good idea to record the agreement in the county where the property is located.

Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of property rights and advice on divorce, I urge you to contact a divorce lawyer.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Houston Divorce Lawyer Robin W. Klein, please contact Cordell & Cordell.

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