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…
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…
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. …
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…
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…
A court may grant a Texas annulment if the other party induced the petitioner into the marriage by fraud, duress or force and the petitioner did not voluntarily cohabit with the other party after learning about the fraud or being released from the force or duress. Tex. Fam. Code §…
The court in a Texas divorce case may appoint a receiver to protect and preserve the property of the parties. TEX. FAM. CODE § 6.502(a)(5). The receiver only has the powers authorized by the court. The receiver’s role is to receive and preserve the property for all interested parties’ benefit. …
Generally, either party in a Texas divorce is entitled to demand a jury trial pursuant to Tex. Fam. Code Ann. § 6.703. A party seeking a jury trial must file a timely request. If the jury trial is available to a party as a matter of right, the court generally…
Pensions and retirement accounts can complicate property division, especially in a high net worth Texas divorce. Retirement accounts often include both separate and community property. In a recent case, a former husband challenged the court’s valuation of the wife’s pension and the resulting property division. According to the appeals court’s…
Sometimes when one parent has international ties, the other parent may have concerns about international abduction. There is a two-step statutory process to assess and mitigate risk of parental international abduction. The court must consider certain factors to determine if there is credible evidence of a potential risk. If the…