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Topic: Community Property State Marriage Question  (Read 767 times)

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Community Property State Marriage Question
« on: March 16, 2012, 04:14:36 PM »
I have a question that I just can't figure out and I need some help!

My wife and I got married on 12/30/2011 in the United States. I am a resident of Texas, and am coming to the UK on spousal visa in a few days.

I am filing my taxes and, since I married in 2011, she is my wife on my 2011 form.

I live in a community property state. What constitutes our community property gains from the last 2 days of 2011? What income do I report for that? Neither of us made any money in the time that we were married in 2011. Does that mean there is no community property addition or subtraction during that time? Does community property mean I have to take 50% of her income in 2011, even if we weren't married when she earned it, and report it? We do not have any joint bank accounts yet. I am so confused!

Edit for extra info: My wife is British and made her money that year exclusively in the UK. I made such a small amount in 2011 that I will get all my taxes back.
« Last Edit: March 16, 2012, 04:36:58 PM by mikeoseptic »


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Re: Community Property State Marriage Question
« Reply #1 on: March 16, 2012, 06:44:14 PM »
Each state has its own marital property regime/laws, and even the community property states are different, and I don't know Texas law and don't know who's asking about the community property and why.... However, community property only arises with a marriage (at that point conceptually you categorize your property as 1.  pre-marital, separate property and 2. marital property.)  If neither of you had any income and you didn't buy or sell or property with marital money, your spouse didn't assign anything to you, you didn't co-mingle separate money with community money, etc it wouldn't seem you have any community property.


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