I am about to invest in a property in Texas, the house would be under my name and so as the mortgage. I wanna know what the rules are for married couples when reside in California but buying this in Texas? is that still a community property and my husbad gets half of it anyway? if I have no prenup, how can I protect my investement?
Answers:
Since you are domiciled in California, California property law will prevail. The first question, then, is whether this investment is being made with community property or your own separate property. In general, property you had prior to marriage, or property you obtain after marriage by gift or inheritance, is your separate property. If you purchase the Texas land with separate property, and hold it in your own name, it should retain its character as separate property.
If, however, you are purchasing it with community property (for example, money you have earned or will earn after marriage), your husband will have to agree to it being converted to separate property (the community would be making a gift to you). He can do that, but I don't know that it would be in his best financial interest to do so.
Know the State rules and regulations, advantages and disadvantages. Get informations from Texas.
Texas has nothing to do with this. While you are married and purchasing the asset under California law it will remain marital property.
you don't get to 'venue shop' (use one state's laws over another) in this situation.
The only way that Texas would supercede California law in this situation is if the two of you moved to Texas and were domiciled there when the purchase took place.
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