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Articles Posted by Kelly McClure

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Texas Appeals Court Affirms Divorce Decree Awarding Wife Interests in Oil and Gas Wells

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…

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Texas Appeals Court Upholds Post-Marital Agreement Giving Ex-Husband Millions More than Ex-Wife

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…

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Ex-Wife Required to Pay Ex-Husband Proceeds from Sale of His Business Interest

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…

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Real Estate Lost Separate Property Character When Transferred to LLC

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%…

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Former Husband Failed to Trace Separate Property from Alleged Gift in High Asset Texas Divorce

Large inheritances, trusts, and gifts can complicate the property division in a Texas divorce. A spouse’s separate property includes the property they received during the marriage through gift, descent, or devise. Tex. Fam. Code § 3.001.  In a recent case, a former husband challenged his divorce decree that characterized mineral…

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Wife Awarded Oncologist Husband’s Patent Rights and Stock Distributions Post-Divorce

Certain assets, especially stocks or assets related to a business, may be held in the name of just one spouse, even if they are community property. In a Texas divorce, a court may impose a constructive trust requiring the spouse to transfer property to the other spouse. Tex. Fam Code…

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Texas Divorce Involving Potentially Conflicting Tax Provisions in Agreement

Although not always an issue in a Texas divorce, tax matters can become a significant issue, especially in high net worth divorces or divorces involving the division of a business. A Texas appeals court recently decided a second appeal in a case involving a mediated settlement agreement (“MSA”) with potentially…

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Texas Appeals Court Reverses Wife’s Intentional Infliction of Emotional Distress Judgment Against Husband

Sometimes parties to a Texas divorce can get embroiled in litigation beyond standard divorce claims.  A spouse may file a tort claim for intentional infliction of emotional distress (“IIED”) in a Texas divorce case.  To succeed on an IIED claim in Texas, a plaintiff has to show intentional or reckless…

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Texas Appeals Court Affirms Order for Partition and Sale of Property after Divorce

Ideally, after a Texas divorce, the parties will cooperate and take any actions needed to sell or transfer property and resolve outstanding issues, but that does not always happen. A Texas appeals court recently considered a case in which a former wife alleged the former husband was preventing the sale…

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