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%…
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…
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…
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…
A former spouse may want to appeal their Texas divorce decree, but in some cases, actions taken after the divorce decree is entered can preclude a party from appealing. In a recent case, a former wife was barred from challenging certain aspects of the divorce decree by the acceptance of…
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…
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…
International marriages can lead to complex divorces, especially in regards to child custody. In a recent Texas divorce case, a mother appealed a decree that awarded the father the exclusive right to designate the child’s primary residence. According to the appeals court, the parties married while the father was stationed…
Tex. Fam. Code § 6.001 allows a court to “grant divorce without regard to fault” if it finds the marriage has become insupportable without “any reasonable expectation of reconciliation. A court may also grant a divorce in favor of one spouse if it finds cruel treatment or adultery by the…
Spouses can agree to change their rights and obligations with regard to property by signing a Texas pre-marital agreement. Premarital agreements, also known as prenuptial agreements, are often used in circumstances involving a high net worth or where one spouse enters the marriage with significantly more assets than the other. …