Tag Archives: Division of Property

Converting Separate Property to Community Property in Divorce

In any Dallas Texas divorce proceeding, the issue of how to divide assets and debts must be resolved. Not every asset is obviously "separate" or obviously of the "community." Basically, community property will be divided between the spouses because it is marital property. Separate property will not be divided because it is not marital property. The challenge is in characterizing each item, one at a time.… Continue Reading

Prenups on the Rise

CNBC says prenups are on the rise... and Dallas Texas family law attorneys agree. A whopping 73 percent of divorce attorneys say they've seen an increase in the pre-marital documents, according to a recent survey by the American Academy of Matrimonial Lawyers. What's more, 52 percent of them said they've seen an increase in women initiating the requests.… Continue Reading

How to get the property you want and help keep costs down.

As a Dallas divorce lawyer, one of the most frequently asked questions I receive is how can a client control the costs of his or her divorce. Understandably, clients expect top notch service in a cost effective manner. One of the more costly aspects of any divorce involves dividing up the community estate. I recently came across a great blog post that offered some practical ways to help keep costs down in dividing the community estate. Although the focus of the post dealt with dividing personal property contained in the home, a lot of the suggestions are applicable to dividing other parts of the community estate.… Continue Reading

Can the Divorce Judge Make Me Turn Over My Business’ Cash to My Spouse?

A Dallas Divorce client raised an important question this week. She owns a small professional practice that is an S-corporation. Her business has some cash flow that allows her to pay the business expenses and payroll, but not much extra. Her husband requested the Dallas Divorce Judge to make the wife turn over the cash she presently had in her business to help pay the husband's marital debts.… Continue Reading

Alter Ego and Piercing the Corporate Veil in the Context of Divorce

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

Am I still entitled to my ex’s social security benefits after our divorce?

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