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Articles Posted in family code

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Ex-Wife Entitled to 50% of Community Portion of Pension Benefits in Texas Divorce

Property division in a Texas divorce is intended to be final, and a court generally is not allowed to change the division set out in the final decree.  Tex. Fam. Code Ann. § 9.007. The court may, however, issue orders to clarify or enforce the property division set out or…

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Texas Appeals Court Finds Wife Did Not Convert Inheritance to Community Property

In Texas, separate property can be converted to community property by a written agreement signed by both spouses that identifies the property to be convert and specified it is being converted to community property. Tex. Fam. Code § 4.203.  In a recent case, a former husband challenged the property division…

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Texas Custody Schedule Changed Due to School Absences

A parent’s behavior may affect their rights to access and possession of their child in a Texas custody case.  In a recent case, the trial court’s order provided that the schedule would change if the child had a certain number of unexcused absences or instances of tardiness while in the…

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Texas Appeals Court Finds Property Was Separate Despite Use of Community Funds

In a Texas divorce case, property acquired during the marriage is presumed to be community property. A spouse claiming property is their separate property must show that it is separate by clear and convincing evidence.  Separate property is generally property that is owned before the marriage, property that the spouse…

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