Feb 03
This week Brian sits down with Matt Rappaport, a certified divorce financial analyst, to explain how he helps clients manage significant assets during a divorce. Listen as they discuss the benefits of clients meeting with an expert to plan for their financial future during an uncertain and turbulent time in their lives. The Texas Family Law Podcast is available for download on Apple Podcasts, as well as on SoundCloud and Spotify. Don't feel like listening to it? The entire transc...
read moreNov 10
A spouse’s interest in a trust is either going to be characterized as either separate or community property. The property interest of a trust typically involves two distinctive categories that must be characterized: (more…)
read moreSep 09
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At Walters Gilbreath, PLLC, we have seen all kinds of asset variations in the event of a divorce. Once a divorce is filed, clients immediately begin to worry about their children and how property will get divided. What Will Happen to Your Property in a Divorce? Ah, money. It makes the world go around, and it also drives much of divorce litigation. It is not the only factor in divorces (because children, sex, power and ego are involved too), but it is a major i...
read moreSep 03
What will happen to the house when it is all said and done? There are many possibilities which include: One party will be awarded the home and the other party may be ordered to take the steps either transfer title to the property (with or without warranties) and/or relinquish rights to the property; The parties may be ordered to sale the property and split the proceeds; The party which gains title to the home in the divorce will then be responsible for any costs associated with...
read moreSep 03
The truth is, you and your soon-to-be-ex probably won’t ever agree with the valuation of your home completely. You’ve raised your children in this home, cooked meals for the family in this home, and you’ve even marked the wall in the door frame with the growing heights of your children. There is no way that anyone could put a dollar value on those things, of course. However, Courts face a dilemma when the parties cannot agree on what the home is worth, regardless of which party will ul...
read moreSep 03
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In our previous blog, What is Separate Property, we delve into the basics of understanding what is deemed separate property by the Courts. As a debrief, a spouse’s separate property consists of the following: the property owned or claimed by the spouse before marriage; the property acquired by the spouse during marriage by gift, devise, or descent; and the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of ...
read moreSep 02
Going through a divorce is incredibly heart wrenching, and after filing, you start to wonder, if you haven't already, how your marital property will be divided between you and your spouse. We created this guide to provide an overview of how property may be divided by a court in a divorce and how you can prepare yourself to help achieve a reasonable outcome in your divorce. (more…)
read moreSep 01
Has Your Spouse Financially Cheated You? It is not unheard of a spouse being inclined to make transactions that favor themselves and harm their spouse in the midst of a divorce. For example, one might choose to pay off old debts, transfer money to a relative, or spend community funds on a paramour. If this has happened to you, there are several ways an experienced lawyer can attempt to recover those funds. Texas law is designed to correct any depletion of community assets arising from the w...
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