Pursuant to Chapter 9 of the Texas Family Code, a party may file suit to enforce the property division in a divorce decree. If a party’s “rights, duties, powers, or liabilities may be affected” by the enforcement action, they must receive notice by citation. Tex. Fam. Code § 9.001. A…
To modify a Texas custody order, the parent must show that the modification would be in the child’s best interest and that there has been a material and substantial change in circumstances. Tex. Fam. Code § 156.101(a). The Texas Supreme Court set forth factors to be considered in relocation cases…
High net worth divorces and business divorces can often be contentious. In some cases, spouses may allege fraud or other improper actions by the other spouse. There is a presumption of fraud when a spouse disposes of the other’s one-half interest in a community asset without their consent or knowledge.…
In Texas, property acquired by either spouse during the marriage is presumed to be community property. However, property acquired prior to marriage is not community property. In a recent case, the parties disputed the ownership of a piece of property they bought before marriage. Before the parties married, they bought…
The division of a business in a Texas divorce can result in ongoing disputes, even after the divorce is finalized. This can be especially true when one party has control of the business while both parties maintain an ownership interest. A former wife recently appealed a temporary injunction enjoining her…
The court in a Texas divorce case must divide the estate in a “just and right” manner. Property acquired by either spouse during the marriage, except separate property, is community property. Tex. Fam. Code § 3.002. Separate property includes property acquired by a spouse by gift. Tex. Fam. Code §…
Evidence of property values is necessary for a just and right property division in a Texas divorce. A former husband recently challenged a property division, arguing the court abused its discretion in awarding his former wife a disproportionate share and in denying his motion to reopen the evidence. The parties…
A Texas postnuptial agreement is not enforceable if the party proves that it was not signed voluntarily or that it was unconscionable and they were not given a fair and reasonable disclosure of the other party’s property or financial obligations, did not voluntarily and expressly waive disclosure in writing, and…
Mediated settlement agreements and Texas agreed divorce decrees are construed according to standard contract interpretation principals. A former wife recently challenged an enforcement order based on her interpretation of the agreed divorce decree. The parties got married in 2002. The husband had acquired a business interest in the company for…
Real estate investments can lead to complex issues for property division in a Texas divorce, especially if there are co-owners or business entities involved. A former husband recently challenged the property division in his divorce, which characterized certain property as his wife’s separate property and awarded his father-in-law a 50%…