In Texas, all property owned during the marriage is presumed to be community property of the parties, subject to division upon divorce. That presumption may be rebutted by showing that some assets are separate property of one of the parties. Separate property is that property that was owned by a spouse before the marriage or
Over the past few years we have seen with great emphasis how the real estate market can change over time.
Continue Reading Real estate in a Texas divorce – What do you need to know?
With the aging of the Baby Boomer generation and the increase in “gray divorces” that we are seeing in the Dallas, Texas area, I am more frequently being asked about the effect of social security benefits in divorces.
Continue Reading Social Security as a Division Factor in Divorce
What happens when a spouse contributes or loans separate property to the community estate during marriage, then seeks reimbursement of those contributions/loans at divorce?
Continue Reading Reimbursement for using inheritance on community obligations
In a divorce in Texas, property division can be quite complicated when you have an estate the size of the Aldrins as well as the length of their 23 year marriage.
Continue Reading Happy Birthday Recently Divorced Buzz Aldrin
Texas is a community property state. This means that any property acquired during marriage is presumed to be community property and is thus divisible by a Court.
Continue Reading Do Kanye West and Chris Humphries Share More Than Kim Kardashian?
What differentiates bonuses and whether or not the bonus is considered community property……
Continue Reading Is My Bonus Community Property?
Frequently I receive a lot of questions regarding how to prove the character of a certain piece of property. Recall that community property in Texas is defined in the negative as all property acquired during the marriage except through gift, devise or descent. Thus, community property is pretty much every piece of property obtained during the marriage what wasn’t gifted or inherited to one particular spouse. Separate property is property that does not owe its existence to the marriage. Put another way, everything that is not community property is defined as separate property, including property which was owned prior to the marriage.
Continue Reading The Inception of Title Rule – A Primer.
Recently I had a potential client present the following scenario to me. Wife was involved in an at-fault car accident. Wife is sued by the other driver. Husband is concerned that the person his wife was in an accident with will go after “all” the property they own, even husband’s prized baseball card collection he had before marriage. The question then became, can they take my separate property for my wife’s negligence?
Continue Reading Question to Dallas Divorce Lawyer: My spouse got in a car wreck, can they take my separate property?
Texas law typically treats corporations, partnerships, and other types of businesses as a separate legal entity – existing apart from shareholders and partners. Because these businesses are separate legal entities, only the spouse’s interest in the corporation, partnership or other business is up for division by the divorce court. This means that specific corporate assets are often off-limits in a divorce action. But, there is an exception to this rule when alter ego can be established.
Continue Reading Alter Ego and Piercing the Corporate Veil in the Context of Divorce