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Articles Posted by Kelly McClure

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Texas Reversal of Temporary Injunction Enjoining Ex-Wife From Filing Lawsuits Related to the Parties’ Company

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…

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Texas Appeals Court Affirms Characterization of Parental Gift as Separate Property

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 §…

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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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