Aug 31
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. (more…)
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Several years ago, a couple with three dogs, two cats, and a rabbit filed for divorce. According to Texas law, the animals were pieces of property owned jointly by the couple, and since Texas is a community property state, the animals were divided between the couple just like all other assets in the marital estate; the dogs were given to the wife and the cats to the husband. The rabbit died during the divorce proceedings. When it came time for the animals to move to their respective ...
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What are Reimbursement Claims? A “reimbursement claim” is an attempt by one estate (typically the separate estate of one spouse) to recover money spent on another estate. When this type of cross-estate spending occurs, separate and community assets may become “commingled,” opening the possibility of reimbursement claims. (more…)
read moreAug 30
When considering the division of household goods and personal property, courts seek to divide the assets reasonably rather than evenly; this rarely results in a 50/50 split. It is impossible to evenly split personal property because each individual places a different value, both numerical and sentimental, on items. How to Agree to Split Personal Property with Your Spouse Most couples are able to review the contents of the marital residence and informally agree on an item-by-item division. ...
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Community property is defined through exclusion as “the property, other than separate property, acquired by either spouse during marriage.” Texas courts presume that all property acquired during a marriage belongs jointly to both spouses. This “community estate” is subject to a “just and right” division by the court, generally as close to 50/50 as possible. (more…)
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