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…
Property divisions in Texas divorces are intended to be final. Although a party may appeal or seek to enforce a property division, they generally cannot relitigate it in a separate lawsuit. Sometimes, however, the divorce decree does not adjudicate all of the parties’ property. A former spouse may file suit…
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…
Property division in a Texas divorce can be complicated when there is a business involved. In a recent case, a former husband challenged a property division that divided assets belonging to his business entities. According to the appeals court, the husband formed two businesses before the marriage. He said he…
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…
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…
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…
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,…
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…