Property in a Texas divorce does not have to be divided equally, but instead must be divided in a just and right manner. There can be a number of ways to achieve a just and right division, especially when the property is a large piece of real estate. In a…
The division of property in a Texas divorce does not have to be equal, but should be “just and right.” Each party is responsible for providing evidence to show the value of the property so the court can make the division. A Texas appeals court recently considered what happens when…
When the trial court appoints joint managing conservators in a Texas custody case, it must identify who has the right to determine the child’s primary residence with or without a geographic restriction. Tex. Fam. Code Ann. § 153.134(b). The court must consider the child’s best interest. The court may also…
When a mother is married at the time of her child’s birth, the husband is generally presumed to be the father under Texas family law. There are two ways to rebut the presumption: with a proceeding to adjudicate parentage or with the filing of a denial of paternity along with…
A spouse in a Texas divorce may have a reimbursement claim if they use their own separate property to fund improvements to the other spouse’s separate property. Likewise, if community funds are used for the benefit of a spouse’s property, the spouse may be ordered to reimburse the community. The…
A custody determination issued in another state or country can be registered in Texas. To do so, the party must send a letter requesting registration to the Texas court, along with two copies of the determination, one of them certified, a sworn statement that, to the best of the requester’s…
The court in a Texas divorce must make a just and right division of the parties’ estate. This does not necessarily require the court to award the parties equal shares of the property. Property acquired during a marriage is generally community property, but property acquired before the marriage or by…
A court may clarify an order in a Texas suit affecting the parent-child relationship if it finds the order lacks sufficient specificity to be enforced through contempt. Tex. Fam. Code Ann. § 157.421. The court cannot make substantive changes through an order to clarify and such changes are not enforceable.…
Even when parties seem to agree on issues related to Texas property division, disputes may still arise. In a recent case, a husband challenged a trial court’s treatment of certain property after seemingly agreeing to that treatment during the hearing. The husband petitioned for divorce in May 2019. The husband…
Failure to pay Texas child support as ordered can result in an enforcement action. If the motion for enforcement includes a request for a money judgment for arrearages, the trial court generally may not modify or reduce the amount of the arrearages. In a recent case, a mother challenged a…