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.

I recently came across an excellent article on the Wall Street Journal’s website entitled, How Divorce Affects Your Social Security (Or Not). As a Dallas divorce lawyer, I am frequently asked about post-divorce entitlement to social security benefits. From the outset, it should be noted that unlike most other areas of martial property law, benefits arising from the Social Security Act are preempted by Federal Law from being characterized as community property. Because of this preemption, we have to look to federal law to determine what affect divorce plays on social security benefits.
Continue Reading Am I still entitled to my ex’s social security benefits after our divorce?

I received a question from a client today asking how the court would determine the value of the piece of property in the community estate. Often times, the parties will litigate over the value of a piece of property, so it is important to know how, in the absence of an agreement, the court will determine a property’s value.
Continue Reading Fair market value vs. Intrinsic value: Which one to use?

On July 8, 2009, the Tyler Court of Appeals affirmed a judgment for monetary damages in favor of one spouse against the other. In Colvin v. Colvin, the husband sued his wife for personal injury damages caused by his wife in an automobile collision. Under the facts presented, wife was the driver of a car and the husband was the passenger. Wife and a third party were in a collision, third party sued wife, and then husband intervened in the lawsuit and sued third party and wife (husband and wife were married at the time and are still so).
Continue Reading ‘Til death do us part, or until I sue you.

Recently I came across a blog discussing tips to surviving a divorce. Interestingly, the blog wasn’t written by an attorney but the survival tips all come back to one thing – the importance of hiring a good lawyer. The blog has some good tips which I will outline in the order they were presented.
Continue Reading Tips to Surviving a Divorce