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Category: Property and Asset Division

Business Valuations During COVID-19 Business Valuation During COVID-19

Business Valuations During COVID-19

We’ve written extensively on our blog and created a YouTube video about valuing a business in a divorce. As the COVID-19 pandemic continues to impact our communities, a common question we’re hearing is: How are businesses valued, taking into account the COVID-19 pandemic? Valuation Methodology – The Income Approach As a reminder, generally speaking, businesses […]

Texas Family Law Podcast Episode #5: Dealing with Debt in Divorce Debt and Divorce

Texas Family Law Podcast Episode #5: Dealing with Debt in Divorce

Dealing with Debt in Divorce This week on the Texas Family Law podcast your hosts Jake and Brian 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 financially for years after divorcing […]

Dividing Your Business for a Divorce pllc business divorce

Dividing Your Business for a Divorce

What happens to your business or PLLC if you are getting divorced? What if your spouse owns the business? The first question to get answered is whether the business is Community Property or Separate Property. Next you would want to know the value of the business, and the type of business. If the business is Separate Property, then it will likely stay […]

Proving Community Property to a Jury in Texas Proving Community Property to a Jury in Texas

Proving Community Property to a Jury in Texas

The division of marital property in a divorce is one of the most import parts of a Texas family jury trial. This can be very complex. A Jury can both characterize (decide if it is Community or Separate Property) and value marital property. This concept strikes fear into most clients. You have every right to be concerned. […]

Understanding Commingled Property in Divorce Understanding Commingled Property in Divorce

Understanding Commingled Property in Divorce

When two spouses get divorced they have to divide the property they own. There are two types of property that spouses can own: community property and separate property. Community property is any property that is not separate property (see full definition). What is Commingling? Commingling is mixing, in this context when separate property gets mixed with community estate. For example, […]

Property Division in Texas: Most Asked Questions and Answers Property Division in Texas: Most Asked Questions and Answers

Property Division in Texas: Most Asked Questions and Answers

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 […]

What Happens to Retirement Plans in a Divorce Is there a way to export these from the staging site? The original ones were written and approved by the team

What Happens to Retirement Plans in a Divorce

Retirement Plans are often divided in divorces. Whether you have a retirement plan that you want to protect in your divorce, or whether you believe that you should receive part of your spouse’s retirement plan, you will need to learn about the difference between a Qualified and Non-Qualified Retirement Plan. If you are going through a […]

Dividing Hybrid Plans in a Divorce Dividing Hybrid Plans in a Divorce

Dividing Hybrid Plans in a Divorce

Previously we discussed the difference between qualified and non-qualified retirement plans . In divorce, it is important to determine what type of plans you and your spouse have as soon as you can. But, qualified and non-qualified plans are not the only ones out there. Here, we will discuss hybrid plans, including local, state, and federal government plans. Dividing Hybrid Plans […]

Business Owners: How to Prepare for Divorce Business Owners: How to Prepare for Divorce

Business Owners: How to Prepare for Divorce

Both goodwill and the business itself can be divided as property in a divorce. Texas recognizes enterprise goodwill as marital property, to be divided between both spouses in a divorce. On the other hand, personal goodwill goes to the spouse who owns the business as separate property. If you are divorcing your husband or wife, you might face an ownership […]