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Articles Posted in Property

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Ex-Wife Entitled to Ongoing Interest in Ex-Husband’s Defined Benefit Retirement Plan

Retirement benefits are often subject to property division in a Texas divorce.  In some cases, calculating the community interest is straight forward; however, in other cases, it can be somewhat more complex.  In a recent case, a former wife challenged a trial court’s handling of the former husband’s retirement benefits…

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Former Spouse Cannot File New Suit for Division of Property Disposed of in Texas Divorce

A trial court may order a post-divorce division of community property that was not divided or awarded to either spouse in a Texas divorce decree. Tex. Fam. Code § 9.201.  The court may not, however, order a post-divorce division of property that was already divided in the divorce. The legal…

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Evidence of Separate Property in Texas Divorce Cases

Texas law presumes that property possessed by a spouse during or on dissolution of the marriage is community property.  Tex. Fam. Code § 3.003.  The presumption can only be rebutted by clear-and-convincing evidence the property is separate. In a recent case, a husband challenged the characterization and distribution of property…

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Is it Possible to Keep Your 401(k) in Your Divorce?

One asset that many Texans do not consider their spouse to have an interest in is their 401(k) or any other retirement fund that they have been slowly building during the course of their marriage. Having to divide up your retirement funds may throw a wrench into one’s retirement plans,…

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Texas Appeals Court Enforces Property Distribution Years After Default Divorce

Failing to respond to a Texas divorce petition can result in a default judgment with an unfavorable property division.  What happens, though, if the spouse who received the default judgment fails to take action to enforce the property division for several years?  A Texas appeals court recently considered a case…

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Texas Divorce Court Must Compel Arbitration of Dispute Regarding Buyout Provision of Company Agreement

A family business can complicate the property division in a Texas divorce. A recent case considered whether a husband could compel arbitration to enforce a buyout provision in a company agreement during the divorce proceeding. The parties formed a limited-liability company together during the marriage, with each owning a 50%…

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Compelling Texas Divorce Court to Specify Property Valuation

A trial court that has divided property in a Texas divorce must provide written findings of fact and conclusions of law, including how it characterized and valued the assets and liabilities, if a party properly requests them. In a recent case, a husband challenged the court’s refusal to specify the…

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Cruelty and Fraud on the Community in a Texas Divorce

The trial court must divide property in a just and right manner in a Texas divorce.  The division must be equitable, and should not be punitive against either spouse.  A husband recently challenged a property division, arguing it had been punitive against him. The wife filed for divorce after the…

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Wife Waived Right to Tax Reimbursement by Failing to Comply with Texas Divorce

When the parties to a Texas divorce agree on a property division, they may agree that certain obligations or conditions must be met.  If a party fails to meet their obligations as agreed to and set forth in the divorce decree, they may not be entitled to the property they…

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Military Disability Cannot Be Divided by Texas Divorce Court

Under federal law, a court may not treat military disability benefits as community property for purposes of property distribution in a Texas divorce case. A husband recently challenged the property distribution in his divorce decree, arguing the court had improperly divided a portion of his military disability benefits. Trial Court…

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