Schedule D?

[debtfree09]

I am wondering if I still need to list the house on this, as the house that we have isn't in my name, and it isn't behind any mortgage payments. I noticed that there is an area that says "H,W,J,C" and I was thinking that I should probably just list the house and put a "W" in the appropriate area since it is in my wife's name?

[justbroke]

Unless you're in a community property State, you wouldn't list it at all. The designation for "H" and "W" are for husband and wife when filing jointly and to distinguish who has legal title (Husband, Wife or Jointly, or Community). It is also used in a Community Property State to distinguish community property; so if you were in a community property State, you'd list the property on Schedule D as "C".

Again, if it's not yours and you have no equitable interest in the property, you wouldn't list it in an equitable property State.

[debtfree09]

Unless you're in a community property State, you wouldn't list it at all. The designation for "H" and "W" are for husband and wife when filing jointly and to distinguish who has legal title (Husband, Wife or Jointly, or Community). It is also used in a Community Property State to distinguish community property; so if you were in a community property State, you'd list the property on Schedule D as "C".

Again, if it's not yours and you have no equitable interest in the property, you wouldn't list it in an equitable property State.

I had to list the house in order to verify where all expenses were going, that is why I asked. I am unsure if Texas is a community state, but I am going to assume that it is?

[justbroke]

I had to list the house in order to verify where all expenses were going, that is why I asked. I am unsure if Texas is a community state, but I am going to assume that it is?

Yeah, Texas... community property. You may have to mark it as "C". I don't know how it was acquired. If it was acquired before the marriage, then it's probably your spouses "W". If it was acquired during the marriage, it is probably community property "C".

Let us know what your attorney thinks.

[tcreegan]

Tx community property

Dear debtfree,

This might help, it is from Houston lawyer JK Grubs' website:

"In Texas, all property acquired during the term of the marriage is considered to be community property, save and except property that was owned by a party prior to marriage, or acquired during the term of the marriage by a gift or inheritance. Once it is commingled it is considered community property."

Hope this helps,

Tom in Colo