What happens if, after the divorce is final, a party discovers that the other party failed to disclose certain assets in the divorce proceedings?
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Reimbursement for using inheritance on community obligations
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?
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A prenuptial agreement without the wedding?
Out of the more than 12 million unmarried couples living under the same roof in America, many of them are choosing to sign a pre-nup-like agreement in lieu of a marriage license. Apparently, this is the latest legal trend aimed at protecting singles and their assets.
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Divorce Over 50: 3 Mistakes to Avoid
Getting divorced after 50 is plenty complicated, with rules and pitfalls that younger couples never have to consider.
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IRS Forms and Information Resources
IRS Forms and Information Resources: This should be useful information for anyone going through a divorce, considering starting a divorce, staring at an impending divorce or recovering from a divorce.
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The Inception of Title Rule – A Primer.
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.
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Question to Dallas Divorce Lawyer: My spouse got in a car wreck, can they take my separate property?
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?
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Sweating the Small Stuff
In some cases, dividing the small stuff in a divorce can be at least as costly and time consuming as dealing with the big stuff. People often have an emotional attachment to the small stuff even though the items may not have monetary value.
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How to Divide Marital Property in a Dallas, Texas Divorce
Part of any divorce in Dallas Texas is dividing the marital estate. A marital estate includes both the assets and debts that are considered community property and does not include any separate property assets of either spouse.
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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.
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