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 moreOct 13
The unknowns of a divorce can cause a lot of anxiety, both personally and financially. Spouses usually have a general idea of what a divorce entails, but a common question is, “What will happen to investment properties in a divorce?” (more…)
read moreSep 09
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 08
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
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
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 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 moreAug 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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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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