With an increasing number of couples having children in their 30s, or skipping having children altogether, pets are taking on a whole new role for many Texas couples: a temporary stand-in for children and sometimes even a permanent replacement. As a result, more Texas couples consider their pets to be…
What is a Partition or Exchange Agreement? In Texas, spouses can enter into agreements (often referred to as “partition or exchange agreements“) during marriage, partitioning community property between themselves. A partition or exchange agreement must satisfy several requirements to be valid and enforceable, including being signed by both spouses. However,…
Long term relationships that involve joint business dealings prior to marriage can lead to complicated divorces. In a recent case, a wife challenged a trial court’s finding that she and her husband had formed a business partnership in 1995 and that properties purchased in her name belonged to the partnership.…
In Texas divorce cases, property is presumed to be community property if either spouse possesses it during the marriage or at the time of the divorce. Tex. Fam. Code Ann. § 3.003. To rebut the presumption, a spouse must trace the property and clearly identify it as separate by clear…
As a result of his illustrious career, Dr. Dre’s net worth currently sits at a whopping $820 million – but maybe not for long. After 24 years, Dr. Dre’s wife, Nicole Young, is filing for divorce from the producer, rapper, and hip-hop icon. Reports indicate that the couple did not…
Whether a celebrity or not, we all worry about many of the same core issues when facing a divorce – How do I protect my stuff (money, investments, real property, personal property) and how do I protect the kids. As we have seen with Mary Kate Olsen’s recent divorce, a…
Property in a Texas divorce must be divided in a “just and right” manner. The trial court has broad discretion in dividing the estate. To successfully challenge a property division, a party must show that it was so unjust as to constitute an abuse of the trial court’s discretion. A…
Property possessed by either party at the time of a Texas divorce is presumed to be community property. To show that property was instead separate, the presumption must be rebutted by clear and convincing evidence. If the assets were not maintained separately from community assets, they must be traced back…
A final unambiguous divorce decree that disposes of all of the marital property should be final. Under Texas divorce law, such a decree generally cannot be re-litigated. However, the trial court can issue additional orders to help implement or clarify a prior order if they do not alter the substantive…
In a recent Texas property division case, an ex-husband appealed a final divorce decree on the basis of five issues. The case arose when a couple married in 1992. The wife filed for divorce in 2013, claiming the husband had cheated on her. She asked for a disproportionate share of…