Personal Injury Recovery in Divorce: Is It Community or Separate Property in Texas?

By |2023-05-23T03:00:48+00:00May 23rd, 2023|Categories: Divorce, Divorce Property Division|

Divorce can be a challenging and complex process, especially when it comes to the division of assets. In Texas, determining whether a personal injury recovery is considered community or separate property is an important aspect of property division. In this article, we will explore the key factors that determine the classification of a personal injury settlement [...]

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Things To Consider When Selling Your House In A Texas Divorce

By |2023-04-28T22:13:38+00:00April 28th, 2023|Categories: Divorce, Divorce Property Division|

At The Blacknall Firm, we understand the complexities and challenges that come with selling a house during a divorce in Texas. Divorce can be a difficult and emotional time, and dealing with the intricacies of real estate transactions can add further stress. In this comprehensive guide, we aim to provide you with the essential information you [...]

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Understanding Prenuptial Agreements under Texas Law

By |2023-04-20T19:40:03+00:00April 20th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

At The Blacknall Firm, we believe that prenuptial agreements can be a valuable tool for couples who want to protect their assets, clarify their financial rights and obligations, and plan for the future. In this article, we will discuss the key features of prenuptial agreements under Texas law, including what they can contain, how they are [...]

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How to Modify or Update a Premarital Agreement in Texas

By |2023-04-20T17:29:39+00:00April 15th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

  A premarital agreement is a legal document that outlines how a couple's assets and debts will be divided in the event of a divorce or the death of one spouse. However, circumstances can change after the agreement has been signed, and the terms of the agreement may no longer reflect the couple's wishes. In this [...]

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Mistakes to Avoid When Creating a Postnuptial Agreement

By |2023-04-16T16:20:17+00:00April 13th, 2023|Categories: Divorce, Divorce Property Division|

  Postnuptial agreements are legal contracts signed by married couples that outline their rights and responsibilities regarding property, assets, and debt in the event of a separation or divorce. These agreements can be a valuable tool for protecting your assets and ensuring a smooth divorce, but they can also be complex and difficult to create. To [...]

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Enforcing a Premarital Agreement in Texas: What You Need to Know

By |2023-04-20T17:32:42+00:00April 12th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

  Premarital agreements are designed to provide certainty and clarity in the event of a divorce. However, like any legal agreement, a premarital agreement can be challenged under certain circumstances. In this post, we'll explore the legal process for enforcing a premarital agreement in Texas, including the circumstances under which an agreement can be challenged and [...]

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Common Misconceptions About Premarital Agreements in Texas

By |2023-04-20T17:34:32+00:00April 11th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

Premarital agreements, also known as prenuptial agreements, are a common tool used by couples in Texas to protect their assets in the event of a divorce. However, there are many misconceptions about premarital agreements that can prevent couples from considering them as an option. In this blog post, we will address some of the most common [...]

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How to Create a Valid Premarital Agreement in Texas

By |2023-04-20T17:36:44+00:00April 10th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

When planning to get married, a premarital agreement can be an essential tool for protecting your assets and planning for your future. However, creating a valid premarital agreement in Texas can be a complex process that requires careful consideration of legal requirements and potential issues. Here are the key steps to follow when creating a premarital [...]

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Understanding Premarital Agreements in Texas: A Comprehensive Guide

By |2023-04-20T17:38:09+00:00April 8th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

Premarital agreements, also known as prenuptial agreements or prenups, are legal contracts entered into by couples before marriage. These agreements outline the rights and obligations of each spouse in the event of divorce or death. If you're considering a premarital agreement in Texas, it's important to understand the legal requirements for validity and the topics that [...]

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Commingling Separate and Community Property: What You Need to Know

By |2023-04-20T17:57:13+00:00April 5th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

  When couples get married, they usually pool their resources together and start accumulating property. In Texas, all property acquired during the marriage is considered community property, which means that it is owned equally by both spouses. However, some property may be classified as separate property, which is owned by only one spouse. The issue of [...]

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Divorce & Separate Property: How it’s Treated?

By |2023-04-16T16:10:42+00:00April 3rd, 2023|Categories: Divorce, Divorce Property Division|

When it comes to divorce proceedings in Texas, one of the most important considerations is the division of property. Under Texas law, all property owned by either spouse is presumed to be community property unless proven otherwise. However, some property may be considered separate property under certain circumstances. In this comprehensive guide, we will explore what [...]

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Property Division in Divorce: What is a “Just and Right” Division?

By |2023-04-16T16:07:35+00:00April 2nd, 2023|Categories: Divorce, Divorce Property Division|

  Divorce can be a challenging and emotional process, especially when it comes to dividing property acquired during the marriage. In Texas, the law requires that property be divided in a way that is "just and right," but what does that mean? The case of "In re Marriage of Spalding" provides a case study of how [...]

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Unlocking the Secrets of Premarital Agreements: Tips for Ensuring Enforceability

By |2023-04-21T00:36:56+00:00March 1st, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

Premarital agreements, also known as prenuptial agreements or prenups, are contracts entered into by couples before they get married. These agreements can cover a wide range of issues, including the division of property and assets, spousal support, and even the distribution of debts. In Texas, premarital agreements are governed by the Texas Family Code, and there [...]

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The Limits of Modifying Texas Property Division Orders

By |2023-03-09T16:05:57+00:00February 20th, 2023|Categories: Divorce Property Division, Modification|

Divorce can be a complicated and emotionally charged process, especially when it comes to dividing property. In Texas, property division is governed by a set of rules and guidelines that can be difficult to understand without the help of an experienced attorney. In this blog post, we'll use an everyday example to illustrate some of the [...]

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Mediated Settlement Agreements: The Importance of Clarity and Specificity

By |2023-03-10T22:02:55+00:00February 14th, 2023|Categories: Divorce, Divorce Property Division|

What is a Mediated Settlement Agreement? In a divorce case, couples often use Mediated Settlement Agreements (MSAs) to formalize their agreement about the division of property, child custody, and other issues. MSAs are legal documents that establish the terms of a divorce settlement, and can be extremely helpful in avoiding future disputes. The Importance of Clarity [...]

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Separate vs. Community Property: Navigating Disputes and Premarital Agreements in Texas Divorce

By |2023-04-20T17:47:47+00:00February 14th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

  As a Dallas divorce attorney, I understand that protecting assets is a top priority for many clients. In Texas, community property laws can make asset division during a divorce complicated. In this blog post, I'll discuss premarital agreements (PMAs), the community property presumption, and exceptions to the rule. Premarital Agreements PMAs are legal contracts that [...]

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The Importance of Partition and Exchange Agreements in Divorce

By |2023-03-10T22:15:40+00:00February 13th, 2023|Categories: Divorce, Divorce Property Division|

Divorce can be a difficult and emotional process, but having a clear understanding of the terms of the partition and exchange agreements and how to handle disputes can make the process smoother. In this blog post, we will discuss the significance of partition and exchange agreements and arbitration clauses for disputes, and why seeking the assistance [...]

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Safeguarding Your Finances: How Premarital Agreements Can Protect Against Debt

By |2023-04-20T17:53:18+00:00February 13th, 2023|Categories: Divorce, Divorce Property Division, Premarital Agreements|

  When getting married, couples often consider how their assets and liabilities will be impacted. For some, one spouse may have outstanding debt, and they want to protect the other spouse from being held responsible. This is where a premarital agreement (PMA) comes in handy. What is a Premarital Agreement (PMA)? A PMA is a legal [...]

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State Governmental Retirement Plans and Divorce: What You Need to Know

By |2023-03-10T22:41:51+00:00February 12th, 2023|Categories: Divorce Property Division|

As a divorce attorney in Dallas, I've seen many questions arise when it comes to state governmental retirement plans and divorce. In this blog post, I'll answer some of the most common questions to help you understand your rights and options in this complex area. What is ERISA and How Does it Relate to State Retirement [...]

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Divorce and Federal Retirement Plans: What Non-Employee Spouses Need to Know

By |2023-03-10T23:59:54+00:00February 12th, 2023|Categories: Divorce Property Division|

As a divorce attorney at the Blacknall Firm, I understand that divorce can be a difficult and confusing process. It's especially complicated when there are government benefits and retirement plans involved. If you're a non-employee spouse going through a divorce, you may have questions about your rights to a portion of your former spouse's federal retirement [...]

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Managing 529 College Savings Plans in Texas Divorce

By |2023-03-11T17:10:18+00:00February 11th, 2023|Categories: Divorce, Divorce Property Division|

As a divorce attorney in Dallas, I have seen the impact that divorce can have on a family's college savings plan. In Texas, we follow the "community property" system, meaning that all assets acquired during the marriage belong equally to both spouses. This includes college savings plans, such as the Texas College Savings Plan, the Lonestar [...]

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Untangling the Fiduciary Duty and Reimbursement Issues in Texas Community Property Divorces

By |2023-03-12T18:15:49+00:00February 9th, 2023|Categories: Divorce, Divorce Property Division|

As a divorce attorney in Dallas, I have seen many cases where the division of community property can become a contentious issue. This is especially true when one spouse has controlled the finances during the marriage. In these cases, it is important to understand the laws and duties surrounding community property in Texas. Fiduciary Duty in [...]

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The Importance of Forensic Accountants in Divorce Cases

By |2023-03-11T20:56:33+00:00February 5th, 2023|Categories: Divorce Property Division|

As a divorce attorney in Dallas, I have seen the significant impact that a forensic accountant can have on the outcome of a case. At The Blacknall Firm, we understand the complexities of divorce and the importance of having an expert financial investigator on your side. What is a Forensic Accountant? A forensic accountant is a [...]

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Understanding Stock Division in Texas Divorces

By |2023-05-11T01:37:55+00:00February 5th, 2023|Categories: Divorce, Divorce Property Division|

Dividing stock options and RSUs in a divorce can be a complex and sensitive matter. We understand that it can be overwhelming to navigate the legal and financial implications of dividing these assets, especially during an emotionally challenging time. At our firm, we are committed to providing you with the guidance and support you need to [...]

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Navigating the Home Sale Maze: 8 Essential things to Consider for Divorcing Homeowners

By |2023-03-11T21:01:16+00:00February 4th, 2023|Categories: Divorce Property Division|

Selling a marital home during a divorce can be a complex process, but with the right preparation, you can make it a smooth and fair process for both parties. As a divorce attorney at The Blacknall Firm, I often advise clients on the questions they should consider before selling their home during a divorce. Dividing Personal [...]

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Breaking a Lease During a Divorce in Texas

By |2023-03-11T21:07:21+00:00February 4th, 2023|Categories: Divorce, Divorce Property Division|

As a Dallas divorce attorney, I often get asked whether a person going through a divorce in Texas can legally break their lease. The answer is not always straightforward, as it depends on various factors and circumstances. In this post, I'll go over some of the key considerations and answer some common questions. Can a Judge [...]

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Navigating Debt Division in Texas Divorces: The Community Property Approach

By |2023-03-11T21:11:52+00:00February 2nd, 2023|Categories: Divorce Property Division|

When a couple in Texas decides to divorce, they face several challenges, including dividing their assets and debts. The process of dividing debts in a Texas divorce is not straightforward and requires a clear understanding of the state's laws. Texas is a community property state, which means that most of the property and debts acquired by [...]

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The Importance of Accurate Property Valuation in Divorce Proceedings

By |2023-03-16T19:57:16+00:00February 2nd, 2023|Categories: Divorce Property Division|

Dividing property and assets during a divorce can be a complicated process, especially in Texas where the law is different from other states. As a divorce attorney in Dallas, I understand the importance of proper property valuation to ensure that the division of assets is fair to both parties. Community Property in Texas In Texas, marital [...]

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Protecting Your Financial Future During Divorce: What To Do If You Suspect Your Spouse is Hiding Assets

By |2023-03-16T19:53:29+00:00February 2nd, 2023|Categories: Divorce Property Division|

Going through a divorce can be a difficult and emotional process. It's important to make sure that your financial future is protected during this time, especially if you suspect your spouse may be hiding assets. Here are some steps you can take to ensure that you are fully informed and prepared. Gather Financial Documents The first [...]

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What Happens to Assets Acquired During Divorce Proceedings in Texas: Exploring the Just and Right Division

By |2023-03-16T19:51:24+00:00February 2nd, 2023|Categories: Divorce Property Division|

When it comes to divorce proceedings in Texas, it's important to understand the state's laws and regulations regarding property division. Unlike some other states, Texas does not use the principle of "equitable distribution" to divide assets and liabilities during a divorce. Instead, Texas uses a "just and right" division of assets. In this post, we'll examine [...]

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Understanding Marital Debts and Business Ownership in Texas Divorces

By |2023-03-16T19:48:03+00:00February 2nd, 2023|Categories: Divorce Property Division|

As a family lawyer in Dallas, I often receive inquiries from couples undergoing divorce in Texas regarding financial responsibilities. A common question is whether one spouse is responsible for the debt of a business owned by the other spouse before the marriage. In Texas, debts incurred before marriage are considered separate property and not subject to [...]

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Understanding Business vs Personal Property in Divorce: Asset Division Explained

By |2023-03-16T19:45:07+00:00February 2nd, 2023|Categories: Divorce Property Division|

As a Dallas divorce lawyer at the Blacknall Firm, I often get asked about how property is divided in divorce cases. One common question is whether a property occupied solely by renters or tenants will be considered a “business” or a personal property. In this blog post, I’ll explain the difference and how it affects asset [...]

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Dividing a Business in a Divorce

By |2023-03-14T12:49:36+00:00January 31st, 2023|Categories: Divorce Property Division|

Marriage can have a significant impact on the ownership and classification of a business. In the event of a divorce, it is important to have a clear understanding of the business's status as either community or separate property. Classifying a Business as Community or Separate Property When determining the classification of a business, factors such as [...]

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How to divide stock options and RSUs in a divorce?

By |2023-03-14T12:53:18+00:00January 31st, 2023|Categories: Divorce, Divorce Property Division|

In divorce cases where one spouse works for a large company, stock options and Restricted Stock Units (RSUs) are common assets that must be divided. However, separating these complex assets can be challenging as they are not the same and have different timing, value, and purpose. Stock options grant employees the right to purchase company stock [...]

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Divorce and Taxes: Navigating the Implications

By |2023-03-14T13:09:41+00:00January 31st, 2023|Categories: Divorce, Divorce Property Division|

Divorce and taxes are closely related as the timing and process of a divorce can have long-term tax implications on your finances. If you're going through a divorce, here are the tax impacts to be aware of: Timing and Filing: If the divorce is not finalized by December 31st, you and your spouse are still considered [...]

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Understanding Postnuptial Agreements in Texas

By |2023-04-13T23:56:03+00:00January 30th, 2023|Categories: Divorce, Divorce Property Division|

  Postnuptial agreements are legal contracts signed by married couples that outline their rights and responsibilities regarding property, assets, and debt in the event of a separation or divorce. These agreements can be especially useful in Texas, where they can provide peace of mind and help avoid the potential stress and financial burden of divorce proceedings. [...]

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Navigating the Complexities of Property Division: How Forensic Accountants Can Help in Your Divorce

By |2023-03-14T14:40:20+00:00January 14th, 2023|Categories: Divorce, Divorce Property Division|

One of the most challenging aspects of divorce is determining "who gets what" when it comes to dividing assets and property. In order to make this process as efficient and fair as possible, when necessary I  recommend that my clients consider working with a forensic accountant. What is Forensic Accounting? Forensic accounting is a specialized area [...]

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Navigating the Division of Retirement Benefits

By |2023-03-14T14:48:34+00:00January 10th, 2023|Categories: Divorce, Divorce Property Division|

As a Dallas-based divorce and child custody attorney, I understand that the process of ending a marriage can be overwhelming and emotional. One of the most important, yet often overlooked, aspects of divorce is the division of retirement benefits. Whether you're the employee or the non-employee spouse, it's crucial to understand the laws and processes involved [...]

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Defined Benefit Plans vs. Defined Contribution Plans: Understanding the Differences

By |2023-03-04T00:32:59+00:00December 27th, 2022|Categories: Divorce, Divorce Property Division|

As a Texas divorce and child custody lawyer, I often come across clients who are concerned about the division of their retirement accounts during the divorce process. It is important to understand the difference between defined benefit plans and defined contribution plans, as they are treated differently under the law and can have a significant impact [...]

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When can a mediated settlement agreement be set aside

By |2023-05-02T17:21:04+00:00December 10th, 2022|Categories: Divorce, Divorce Property Division|

  As a Texas divorce attorney, I often see cases where one party to a mediated settlement agreement tries to set it aside after it has been signed. In a recent appellate case, a wife appealed from a final divorce decree that incorporated the terms of the couple's mediated settlement agreement. She claimed that there was [...]

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Seeking Reimbursement in a Texas Divorce: What You Need to Know

By |2023-03-04T13:57:04+00:00December 10th, 2022|Categories: Divorce, Divorce Property Division|

As a Texas divorce lawyer, I often get asked about the concept of reimbursement in a divorce. In this blog post, I will explain what reimbursement is, when it is applicable in a divorce, and how it is handled in the state of Texas. What is Reimbursement? Reimbursement is a legal concept that applies when one [...]

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Understanding Separate Property in a Texas Divorce

By |2023-03-04T14:00:38+00:00December 10th, 2022|Categories: Divorce, Divorce Property Division|

As the owner of The Blacknall Firm, a Dallas divorce attorney, I often get asked about the concept of separate property and how it is treated in a divorce. In this blog post, I will explain what separate property is, how it is distinguished from community property, and how it is treated in a divorce in [...]

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Gifts and Separate Property in Texas Divorce: What You Need to Know

By |2023-05-13T14:56:37+00:00December 10th, 2022|Categories: Divorce, Divorce Property Division|

  When going through a divorce in Texas, understanding how gifts and separate property are treated is crucial. In this article, we explore the intricacies of gifts and separate property in Texas divorce cases, providing you with the information you need to navigate this aspect of the process successfully. By gaining insight into the classification and [...]

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How Is Property Divided in a Texas Divorce?

By |2023-03-06T19:33:57+00:00January 10th, 2020|Categories: Divorce, Divorce Property Division|

You and your spouse have spent years building a life together, but things are just not working out. Despite your best efforts, you’re drifting apart. Maybe there are other problems driving a wedge between the two of you. Whatever the case, divorce is now a certainty, and you’ve got a lot of questions. One that you’ll [...]

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What You Need to Know about Spousal Support in Texas

By |2023-02-05T16:04:04+00:00September 20th, 2019|Categories: Divorce, Divorce Property Division|

As an attorney at The Blacknall Firm, I often advise clients on the topic of alimony, or "spousal maintenance" as it is referred to in Texas. In this post, I will explain the qualifications for receiving maintenance in Texas, the factors that are considered when determining the amount and duration of support, and the limits that [...]

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