In a recent Texas divorce case, the lower court imposed so-called “death penalty sanctions” against the wife for litigation misconduct. The wife sued for divorce in 2016, and the husband counter-petitioned in the following month. In the counter-petition, the husband pled claims of misapplication of community property, fraud, breach of…
In a recent Texas divorce case, the court examined a divorce decree that named a husband as constructive trustee of property decreed to the wife. The property at issue was a 50% undivided interest in the shares of an LLC. The dispute in the case was whether the constructive trustee…
A recent Texas appellate decision arose from the appeal of a divorce. The husband argued that the evidence was not enough to support the jury’s finding of an informal marriage and that it was improper for the trial court to admit hearsay evidence, as well as that an “Agreement in…
In a recent Texas appellate decision, a wife appealed a judgment dividing a community estate between her and her husband. She argued that the trial court should have ordered the husband to reimburse her for certain expenses. The couple had married in 2004 and divorced in 2013. The lower court…
In a recent Texas appellate case, the court considered a divorce arising from a common law marriage. The husband argued that the lower court had made a mistake in mischaracterizing parcels of real property as community property and failing to reimburse him. The couple started their common law marriage during…
In a recent Texas appellate case, a wife appealed from a final divorce decree that incorporated the terms of the couple’s mediated settlement agreement. After she and her husband entered into the agreement, she asked the trial court to set it aside. The couple had married in 1997 and had…
Many people ask: Can my children decide where they want to live in a divorce? There are many ways for a court to consider children’s input about where they want to live. The first way is simply allowing children to talk to the judge. Section 153.009 of the Texas Family…
A recent Texas appeal concerned property division in a divorce. The case arose when a couple got married in 2004 and then separated in 2011. The wife filed for divorce in 2013, and the husband countersued, alleging fraud, breach of fiduciary duty, conspiracy, and other claims against the wife, some…
In a recent Texas appellate case, the court considered the lower court’s division of a marital estate. The couple was married in 1990 and bought two businesses while married, one an insurance agency operated by the wife and the other a livestock auction house operated by the husband. The wife…
One of the best ways to protect your assets during marriage is to enter into a premarital agreement (also known as a prenuptial agreement or prenup) prior to getting married that details all the assets and liabilities of both parties prior to marriage and details each party’s rights and…