Sep 08
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When spouses divorce, there must be a division of their property. There are two types of property that spouses can own: community property and separate property. Simply put, community property is any property that is not separate property. Tex. Fam. Code § 3.002. (more…)
read moreSep 07
This week Brian and Jake discuss how debt is divided in divorce. The vast majority of Americans have some level of debt and the way that the courts divide that debt between the separating couple can affect them for years after the divorce. Listen to this week's episode to avoid common mistakes people make when dividing debt during a divorce. The Texas Family Law Podcast is available for download on Apple Podcasts, as well as on SoundCloud and Spotify.
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
As many couples get married, buying a home is a common next step, if not already taken prior to their marriage. In the event of a divorce, many are concerned about who will be responsible for the mortgage payment during the divorce and of course after the divorce is finalized. (more…)
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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 03
Temporary Orders for Your Home Most divorces begin with the need for Temporary Orders. Temporary Orders are the rules by which all parties must abide until the divorce is final. Texas doesn't recognize legal separation, so rules like these are especially helpful in determining who will live where during this time period. Until the Divorce Decree is issued, Temporary Orders help to encourage order, civility, and the safest environment possible for the parties involved as the case progresse...
read moreSep 03
If there is a separate property interest in a house? The court has only two options: award the house to the spouse with the separate property interest or order to sell the house. If either spouse has any amount of separate property interest in a house, the trial court does not have the ability to award the property to the other spouse. A court also cannot divest a spouse of his or her separate property interest in a house. Once the separate property interest is proven, the trial court can on...
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Brian and his staff were great. Brian’s direction and expertise provided me with the legal information relevant for my needs over several years now. He listens and is steadfast which gave me comfort in the courses of action. I highly recommend him.Brian and his staff were great. Brian’s direction and expertise provided me with the legal information...
Larry M.
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