Sep 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...
read moreAug 31
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 ...
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. ...
read moreAug 30
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…)
read moreAug 28
Our e-books are a great way to quickly familiarize yourself with a subject. Whether you're in the middle of a case or just starting to think about filing, these e-books will give you important knowledge you may need to get the results you want. Without further introduction, here are links to our top three most downloaded e-books this year. (more…)
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