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%…
Texas Divorce Attorney Blog
Court Finds Texas Prenup Did Not Waive Reimbursement Claims Costing Wife over $200,000 in Divorce
Texas spouses may agree in writing to partition or exchange some or all of their community property between themselves such that the property becomes the separate property of one spouse. A former wife recently challenged her divorce decree, arguing the trial court erred in awarding a reimbursement claim against her,…
Former Husband Failed to Trace Separate Property from Alleged Gift in High Asset Texas Divorce
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…
Court of Appeals Finds Trial Court’s Division of $3 Million in Business Assets Improper
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…
Wife Awarded Oncologist Husband’s Patent Rights and Stock Distributions Post-Divorce
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…
Court Finds Fraud Based on Husband’s Transfers of Funds to Adult Children in Texas High Net Worth Divorce
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…
Texas Divorce Involving Potentially Conflicting Tax Provisions in Agreement
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…
Texas Appeals Court Affirms Appointment of Receiver for Collection of Divorce Judgment
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,…
Acceptance-of-Benefits Doctrine May Preclude Appeal in Texas Divorce
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…
Texas Appeals Court Reverses Wife’s Intentional Infliction of Emotional Distress Judgment Against Husband
Sometimes parties to a Texas divorce can get embroiled in litigation beyond standard divorce claims. A spouse may file a tort claim for intentional infliction of emotional distress (“IIED”) in a Texas divorce case. To succeed on an IIED claim in Texas, a plaintiff has to show intentional or reckless…