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Articles Posted by Francesca Blackard

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Court Finds Fraud Based on Husband’s Transfers of Funds to Adult Children in Texas High Net Worth Divorce

In a Texas divorce, “special community property” is community property that is under the sole management, control, and disposition of one spouse. Tex. Fam. Code § 3.102(a).  Although special community property is under the sole management, control, and disposition of one spouse, disposition of that property must be fair to…

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Texas Appeals Court Affirms Appointment of Receiver for Collection of Divorce Judgment

Sometimes a party to a Texas divorce may have difficulty collecting what has been awarded to them. Pursuant to the Texas turnover statute, a judgment creditor may ask the court to assist them in reaching the judgment debtor’s non-exempt property.  The court is authorized to take a number of actions,…

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Texas Supreme Court Says Courts Must Consider Child’s Expenses Along with Child Support in Spousal Support Analysis

The Texas Family Code sets out the circumstances under which Texas spousal maintenance may be ordered. The court may order maintenance to a spouse only if they will lack sufficient property after the divorce to provide for their minimum reasonable needs.  The spouse must also meet one of three conditions,…

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Texas Home Confirmed Wife’s Separate Property Despite Deed Granting Interest to Husband

Property characterization can be a significant area of contention in Texas divorces, particularly in high net worth divorces or those in which one party entered the marriage with significantly more assets.  Texas law presumes that property possessed by either spouse during or on dissolution is community property.  That presumption may…

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Texas Appeals Court Affirms Disproportionate Property Division Despite Wife’s Adultery

A Texas property division must be “just and right,” but that does not necessarily mean equal. A court may consider a party’s fault in the division when determining how to divide the property, but it may not use the property division to punish the at-fault spouse.  A former husband recently…

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Husband’s Reimbursement Claim For High Dollar Assets Taken After Separation by Wife Denied

Reimbursement is an equitable right arises in a Texas divorce when the property of one marital estate is used to the benefit of another marital estate, resulting in unjust enrichment to the benefited estate if not repaid.  Tex. Fam. Code § 3.402.  A spouse may pursue a reimbursement claim, for…

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Texas Not “Home State” of Child Whose Mother Moved to Illinois During Pregnancy

Texas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), which identifies what state has jurisdiction over custody matters. The UCCJEA generally prioritizes the child’s home state for jurisdiction.   The child’s home state is where they have lived with a parent for the six months before the custody…

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Texas Appeals Court Affirms Characterization and Property Division in Texas Divorce

Characterization and valuation of property can be heavily contested issues in Texas divorces, especially in cases involving a high net worth or businesses.  A wife recently challenged the court’s characterization of certain property and property division. The husband petitioned for divorce just a year and eight months after the marriage. …

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Texas Court Denies Modification to Prevent Mother’s Relocation with Children

Courts may modify a Texas custody order if doing so is in the best interest of the children and there has been a material and substantial change in circumstances of the child or a conservator since the order was rendered.  Tex. Fam. Code § 156.101. In determining the children’s best…

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Texas Appeals Court Finds Insufficient Evidence of Informal Marriage

Generally, the date of a marriage is certain, but that is often not the case with an informal marriage. The date of marriage affects the characterization of property and therefore a dispute over the date of marriage can significantly impact the property division. A former husband recently appealed a divorce…

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