What Factors Influence Property Division in a Texas Divorce?

By |2024-05-16T13:31:17+00:00May 16th, 2024|Categories: Divorce, Divorce Property Division|

Divorce can be a complex process, particularly when it comes to dividing marital property. In Texas, the law requires that the division of property be "just and right," but what does that really mean? This article will explore the factors that influence property division in a Texas divorce, providing clarity on what to expect and how [...]

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Is the Court Enforcing or Modifying Property Division in a Texas Divorce Decree?

By |2024-05-13T21:58:31+00:00May 13th, 2024|Categories: Divorce Property Division|

Understanding whether a court is enforcing or modifying property division in a Texas divorce decree is vital for those involved in such legal proceedings. The distinction is crucial because Texas law allows courts to enforce and clarify divorce decrees but strictly prohibits any modification of the substantive terms once the decree is final. This article explores [...]

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How Does the Court Determine If Property Division Terms in a Texas Divorce Are Clear or Ambiguous?

By |2024-05-10T19:06:35+00:00May 10th, 2024|Categories: Divorce Property Division|

When disputes arise over the enforcement of property division terms in a Texas divorce decree, understanding how courts determine the clarity or ambiguity of these terms becomes crucial. Texas law treats these agreements as contracts, and their interpretation follows specific principles designed to honor the parties' original intentions. This issue typically surfaces when one party challenges [...]

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Can a Court Clarify or Modify the Property Division in a Final Divorce Decree?

By |2024-05-09T19:44:03+00:00May 9th, 2024|Categories: Divorce Property Division|

When dealing with divorce decrees, a crucial distinction exists between a court's authority to clarify versus modify the property division outlined in a final decree. Understanding this distinction is essential for parties involved in a divorce, particularly if there are concerns about the clarity of the property division terms. The Plain Language Principle A divorce decree, [...]

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Does an Award of a Bank or Brokerage Account in a Divorce Authorize an Award of Interest on the Value of the Account?

By |2024-05-06T19:45:28+00:00May 6th, 2024|Categories: Divorce Property Division|

Divorce proceedings often involve complex questions concerning the division of financial assets such as bank and brokerage accounts. A key issue that arises in Texas divorce law is whether an award of these financial accounts authorizes an award of interest on their value. Texas Family Code and Financial Accounts The Texas Family Code allows for the [...]

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How Do Waivers and Federal Formulas Affect the Calculation of Military Retirement Pay in Texas Divorces?

By |2024-04-23T14:13:21+00:00April 23rd, 2024|Categories: Divorce Property Division|

Divorce proceedings involving military personnel in Texas present unique challenges due to the specific federal laws and Texas statutes that govern the division of military retirement pay and other military benefits. This detailed exploration examines how waivers and federal formulas influence the calculation of military retirement pay in such divorces, alongside a comprehensive review of the [...]

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How Does Texas Family Law Handle Property Division and Fraud in Divorce Cases?

By |2024-04-18T17:17:01+00:00April 18th, 2024|Categories: Divorce Property Division|

Understanding the complexities of divorce and property division under Texas Family Code is essential for anyone going through these processes. This article outlines the legal distinctions between community and separate properties, how assets are divided, and the impact of fraud on these procedures. Community vs. Separate Property: Legal Definitions and Burdens of Proof Statutory Definitions The [...]

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Can Texas Courts Modify the Property Division in a Finalized Divorce Decree?

By |2024-03-07T23:55:16+00:00March 7th, 2024|Categories: Divorce, Divorce Property Division|

When facing the complexities of divorce, particularly where significant assets are involved, understanding the finality and enforceability of the divorce decree is paramount. A common question that arises in the realm of Texas family law is whether a court can modify the property division in a finalized divorce decree. This post explores the legal landscape surrounding [...]

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Will You Be Responsible for Debts Your Spouse Incurred Without Your Knowledge in Your Divorce?

By |2024-03-01T15:51:27+00:00March 1st, 2024|Categories: Divorce, Divorce Property Division|

Navigating the financial intricacies of a divorce can be as complex and bewildering as the emotional journey it accompanies. Among the myriad concerns that affluent professionals face during these tumultuous times, one question stands out for its potential to impact both personal and professional lives: Will you be responsible for debts your spouse incurred without your [...]

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Are You Entitled to a Larger Share of the Estate If Your Spouse Committed Fraud?

By |2024-02-12T18:28:32+00:00February 12th, 2024|Categories: Divorce, Divorce Property Division|

In Texas divorce proceedings, the division of assets and determination of spousal maintenance can be significantly influenced by allegations of fraud against the community estate. This article examines the legal framework surrounding constructive fraud, its impact on asset division, and the specifics of spousal maintenance, providing insights into how these issues affect financial outcomes in divorces. [...]

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Do I Have to Pay Taxes if I Am Awarded Money from My Spouse’s Retirement in a Texas Divorce?

By |2024-01-04T14:55:03+00:00January 4th, 2024|Categories: Divorce, Divorce Property Division|

A common question that arises during Texas divorces is whether there are tax obligations when one is awarded a portion of their spouse's retirement assets. This process involves not only legal considerations but also important tax implications. This article offers an overview of how retirement assets are divided in Texas divorces and the tax consequences that [...]

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Division of Marital Assets in Texas

By |2024-01-04T14:59:06+00:00December 28th, 2023|Categories: Divorce, Divorce Property Division|

The division of marital assets in Texas plays a pivotal role in the divorce process, guided by the state's unique legal framework. This article aims to provide a comprehensive overview of how assets and debts are divided in Texas divorces, highlighting the principles of community property law, the classification of assets, and the various factors that [...]

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Reimbursement Claims in Texas Divorces

By |2023-11-28T21:00:29+00:00November 28th, 2023|Categories: Divorce Property Division|

In Texas, the division of assets during a divorce can become particularly intricate when reimbursement claims are involved. These claims, governed by Sections 3.401 to 3.409 of the Texas Family Code, play a vital role in ensuring an equitable distribution of marital property. This article provides an overview of the legal framework surrounding reimbursement claims and [...]

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Escrow In A Texas Divorce

By |2023-11-24T22:42:34+00:00November 24th, 2023|Categories: Divorce Property Division|

Divorce proceedings in Texas are not just about the dissolution of a marital union but also entail the intricate task of dividing marital property. As we delve into the Texas Family Code, particularly Chapter 7, we find that the division of assets is governed by principles of fairness and equity, with due regard for the rights [...]

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Interest owed on money in a Texas divorce

By |2023-11-21T16:16:37+00:00November 21st, 2023|Categories: Divorce Property Division|

The ramifications of delayed payments in Texas divorce settlements are far-reaching and can significantly influence the overall financial burden for the paying party. This aspect becomes particularly pronounced due to the legal stipulations regarding the accrual and compounding of post-judgment interest. Understanding Post-Judgment Interest in Texas Texas law provides a detailed framework for the calculation and [...]

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Is Property Held in Trust Considered Separate or Community Property in Texas Divorce?

By |2023-11-19T20:32:33+00:00November 19th, 2023|Categories: Divorce Property Division|

Navigating a divorce in Texas can be complex, especially when trusts are involved. Trusts, as intricate financial entities, introduce specific challenges and questions in divorce proceedings. This article provides a comprehensive examination of how trusts are treated in Texas divorce law, focusing on the classification of trust assets and income. Separate vs. Community Property Under Texas [...]

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What Happens in a Texas Divorce to a House You Bought When You Were Engaged?

By |2023-11-16T15:45:34+00:00November 16th, 2023|Categories: Divorce Property Division|

In today's world, the traditional sequence of life events — engagement, marriage, buying a house, and starting a family — is often rearranged. Particularly in Texas, a state known for its distinctive legal landscape, understanding the implications of buying a house while engaged is essential if the relationship later leads to divorce. Texas Property Division: Community [...]

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Replevin Actions Against Ex-Spouses and Ex-Partners In Texas

By |2023-11-14T15:13:08+00:00November 14th, 2023|Categories: Divorce Property Division, Uncategorized|

When relationships end, the division of personal property often becomes a contentious issue. In Texas, the legal framework provides specific pathways for individuals to reclaim personal property that may have been wrongfully taken or retained by an ex-spouse or partner. This article delves into the nuances of replevin actions in Texas, offering guidance for both divorced [...]

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Spousal Consent For Stock Purchase Agreements In A Texas Divorce

By |2023-11-08T00:03:59+00:00November 7th, 2023|Categories: Divorce Property Division|

When a spouse in Texas buys significant stock, they often need the other spouse to agree. This agreement comes in the form of a Spousal Consent Form. It confirms the non-buyer's agreement to the stock purchase terms. Texas's Community Property Approach As a community property state, Texas sees property acquired during marriage as jointly owned. Yet, [...]

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Which Spouse Pays Maintenance In A Texas Divorce?

By |2023-11-06T14:12:58+00:00November 6th, 2023|Categories: Divorce Property Division|

When navigating the complexities of a Texas divorce, understanding the nuances of spousal maintenance—commonly known as alimony—is crucial. In Texas, as in Illinois, the determination of whether a spouse is eligible for maintenance, the amount, and the duration are critical considerations. The initial step is to identify which spouse will be responsible for making maintenance payments. [...]

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Enforcing Post-Divorce Property Division in Texas: Your Rights and Remedies

By |2023-11-04T16:00:45+00:00November 4th, 2023|Categories: Divorce Property Division|

When a marriage ends, the division of property as decreed by the court is a final step in the process of legally separating the lives of the former spouses. However, the decree is not always self-enforcing, and issues can arise if one party does not comply with the terms set forth. In Texas, there are specific [...]

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Understanding Spousal Maintenance Buyouts in Texas Divorces

By |2023-11-03T15:32:13+00:00November 3rd, 2023|Categories: Divorce, Divorce Property Division|

When navigating the complexities of a divorce in Texas, the concept of spousal maintenance (commonly known as alimony) often becomes a focal point of financial settlements. Spousal maintenance in Texas is a legal obligation that may require one spouse to provide financial support to the other post-divorce. However, some individuals may prefer a clean break from [...]

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Are 401(k)s Protected from Divorce in Texas?

By |2023-10-31T14:03:00+00:00October 31st, 2023|Categories: Divorce, Divorce Property Division|

For many individuals, significant assets are accumulated in the form of a home and retirement savings, with 401(k) accounts being a prevalent choice for the latter. These accounts are not just a cornerstone of retirement planning due to their tax-deferred nature and potential employer matching; they also play a crucial role in one’s financial stability. In [...]

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Understanding the Award of Marital Property

By |2023-10-30T18:22:25+00:00October 30th, 2023|Categories: Divorce, Divorce Property Division|

The division of marital property in Texas is a nuanced process, and the Texas Family Code provides the roadmap. Here's a closer look at Chapter 7, with practical implications for those navigating divorce or annulment. 1. General Rule of Property Division (Sec. 7.001) What it Says: The court divides the estate based on what's "just and [...]

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Understanding Texas Family Code Chapter 3: Marital Property Rights and Liabilities

By |2023-10-30T18:05:25+00:00October 30th, 2023|Categories: Divorce Property Division|

In Texas, it's crucial to understand how marriage impacts your property rights and debts. The Texas Family Code provides guidelines, and this article breaks them down for easier understanding.  General Rules for Separate and Community Property Separate Property: This includes: Property you owned or claimed before getting married. Property you acquired during marriage through a gift, [...]

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Understanding the Consequences of Hiding Assets in a Texas Divorce

By |2023-11-04T16:39:24+00:00October 30th, 2023|Categories: Divorce, Divorce Property Division|

Divorce proceedings in Texas demand transparency and integrity, with both parties required to be forthright in disclosing their financial standing. Full financial disclosure is a legal imperative in the state, yet there are instances where individuals may attempt to conceal assets, aiming for a more advantageous outcome. This article delves into the severe repercussions associated with [...]

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Managing Business Assets and Property Division in Texas Divorce

By |2023-10-27T19:31:16+00:00October 27th, 2023|Categories: Divorce, Divorce Property Division|

Embarking on a divorce comes with its share of challenges, particularly when business assets are in play. In Texas, grasping the intricacies of property division laws is pivotal for entrepreneurs and business owners. This post aims to shed light on the property division process in Texas divorces, providing guidance and clarity, especially for those with business [...]

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Numbers in a Texas Divorce Settlement Agreement

By |2023-10-24T17:54:12+00:00October 24th, 2023|Categories: Divorce, Divorce Property Division|

Divorce Settlement Agreements handle the monetary obligations of each spouse in a Texas divorce. These agreements address three primary matters, all of which are numbers-based: child support, maintenance (commonly known as alimony in other states), and division of assets. Each of these items is either expressed as a number or as an estimated value expressed in [...]

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Liquidated Damages in a Texas Divorce

By |2023-10-21T17:01:55+00:00October 21st, 2023|Categories: Divorce, Divorce Property Division|

Divorce proceedings can be emotionally taxing and legally intricate. In Texas, as couples navigate the complexities of ending their marriage, they often encounter the concept of liquidated damages. This article delves into the nuances of liquidated damages in the context of Texas divorce law. What are Liquidated Damages? Liquidated damages refer to a predetermined amount of [...]

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Understanding Franchise Businesses in a Texas Divorce

By |2023-10-18T14:53:10+00:00October 18th, 2023|Categories: Divorce, Divorce Property Division|

In the vast landscape of Texas entrepreneurship, franchise businesses stand out as a popular choice for many aspiring business owners. The allure of a recognized brand, combined with the support of a larger corporate entity, makes franchising an attractive option. However, when marital discord enters the picture, the division of such businesses in a divorce can [...]

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Nonguideline Spousal Maintenance in a Texas Divorce

By |2023-10-14T14:13:29+00:00October 14th, 2023|Categories: Divorce, Divorce Property Division|

Navigating the intricacies of divorce can be challenging, especially when it comes to financial matters. One of the most discussed topics in Texas divorces is spousal maintenance. While the Texas Family Code provides guidelines for determining maintenance, there are situations where nonguideline maintenance becomes relevant. This article delves into the concept of nonguideline spousal maintenance in [...]

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How Is Maintenance Calculated in Texas?

By |2023-10-14T13:41:13+00:00October 14th, 2023|Categories: Divorce, Divorce Property Division|

When navigating the complexities of divorce in Texas, one of the primary concerns for many individuals is the issue of maintenance, commonly known as alimony. In Texas, the rules and calculations for maintenance are outlined in the Texas Family Code. This article aims to provide a comprehensive overview of how maintenance is determined in Texas, referencing [...]

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Are all assets divided 50/50 in a Texas divorce?

By |2023-10-24T13:49:36+00:00October 14th, 2023|Categories: Divorce, Divorce Property Division|

Divorce is never easy, and when it comes to dividing assets in Texas, things can get complex. Texas, as a community property state, has its unique set of rules. Here's a breakdown to help you understand and navigate this intricate process: Community Property State Explained: In Texas, assets and debts acquired during the marriage are viewed [...]

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Income Producing Assets And Maintenance In A Texas Divorce

By |2023-10-14T16:21:11+00:00October 13th, 2023|Categories: Divorce, Divorce Property Division|

Warren Buffet once remarked, “If you don’t find a way to make money while you sleep, you will work until you die.” Many individuals accumulate enough wealth that subsequently generates sufficient income to sustain them...until they face a divorce. The division of this wealth can often provide a comfortable living (or at least cover a significant [...]

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How Can I Protect My Finances During a Texas Divorce?

By |2023-10-12T15:30:58+00:00October 12th, 2023|Categories: Divorce, Divorce Property Division|

Divorce can be an emotionally taxing experience, and amidst the whirlwind of emotions, it's easy to overlook the financial implications. However, in a community property state like Texas, understanding and protecting your financial interests is paramount. If you're a Texas resident navigating the complexities of divorce, here's how you can shield your finances and ensure a [...]

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The Advantages and Challenges of Dividing a Business During a Texas Divorce

By |2023-10-10T23:32:02+00:00October 10th, 2023|Categories: Divorce, Divorce Property Division|

For many couples, a shared business represents not just a financial investment but a culmination of dreams, hard work, and dedication. When facing a divorce, the question of how to address this significant asset becomes paramount. This guide delves into the advantages and challenges of transferring or selling business assets during a divorce, equipping you with [...]

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Who Gets the House in a Texas Divorce?

By |2023-10-04T15:20:48+00:00September 16th, 2023|Categories: Divorce Property Division|

Divorce is a challenging and emotional process, and one of the most pressing concerns for many couples is determining who gets the marital home. In Texas, the division of property during a divorce is governed by the Texas Family Code. Here, we'll delve into the specifics of how the Code addresses the division of the marital [...]

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Business Valuations in a Texas Divorce: What You Need to Know

By |2023-10-04T16:11:05+00:00June 21st, 2023|Categories: Divorce Property Division|

  Divorce is a complex process, and when a business is involved, it can become even more complicated. In Texas, understanding how business valuations work in a divorce is crucial for both parties. This blog post will delve into the intricacies of business valuations in a Texas divorce, answering some of the most common questions that [...]

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

By |2023-12-30T18:24:45+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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Selling Your House in a Texas Divorce: Key Considerations

By |2023-10-05T14:57:08+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 |2023-10-05T15:53:43+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 |2023-10-05T16:10:18+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 blog [...]

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Mistakes to Avoid When Creating a Postnuptial Agreement

By |2023-10-05T16:12:24+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 |2023-10-05T16:14:19+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 the [...]

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Common Misconceptions About Premarital Agreements in Texas

By |2023-10-05T16:17:28+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 |2023-10-05T16:19:27+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 |2023-10-05T16:21:55+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 |2023-10-05T16:26:44+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 commingling [...]

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How to Protect Your Separate Property During a Divorce in Texas

By |2023-11-24T22:07:12+00:00April 4th, 2023|Categories: Divorce Property Division|

Divorce is a challenging journey, and when it comes to Texas, the division of assets becomes a focal point of concern. In Texas, the distinction between separate and community property significantly influences how assets are divided. This guide delves deep into the complexities of managing separate property in Texas divorces, offering clear, actionable advice rooted in [...]

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Divorce & Separate Property: How it’s Treated?

By |2023-10-05T16:40:36+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 |2023-10-05T16:44:22+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 courts [...]

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Selling Your House During a Texas Divorce: What You Need to Know

By |2023-11-08T00:56:49+00:00March 31st, 2023|Categories: Divorce, Divorce Property Division|

Divorce proceedings in Texas can become complicated when they involve selling a shared home. This article aims to clarify the process, helping you approach the sale of your property with a clear understanding during this challenging time. Understanding Property Division in Texas The concept of community property is central to Texas divorce law. Typically, assets acquired [...]

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How to Remove Your Name from a Mortgage After Divorce

By |2023-10-26T13:49:41+00:00March 2nd, 2023|Categories: Divorce, Divorce Property Division|

Divorce is undoubtedly a tumultuous journey, laden with emotional upheaval and complex legal intricacies. When joint debts such as mortgages come into play, the process becomes even more intricate. If you find yourself entangled in the throes of divorce, pondering over how to extricate your name from a mortgage, you're not alone. There are several pathways [...]

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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 |2023-08-11T01:04:45+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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How Do State Retirement Plans Impact Your Divorce Settlement?

By |2023-11-11T18:51:41+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 |2023-06-27T23:19:35+00:00February 11th, 2023|Categories: Divorce, Divorce Property Division|

As a divorce attorney in Texas, I've observed that one area which often requires careful consideration is a family's 529 college savings plan. Under Texas' "community property" system, all assets acquired during the marriage belong equally to both spouses. This includes education savings plans, such as the Texas College Savings Plan and the Lonestar 529 Plan. [...]

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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 |2023-12-05T18:42:23+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. Learn more about our legal team. What is a Forensic [...]

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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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What Happens To Debt In A Texas Divorce?

By |2024-01-23T01:35:09+00:00February 2nd, 2023|Categories: Divorce, 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, meaning most property and debts acquired during the marriage are considered [...]

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The Importance of Accurate Property Valuation in Texas Divorce Proceedings

By |2024-01-23T15:08:31+00:00February 2nd, 2023|Categories: Divorce, Divorce Property Division|

When undergoing a divorce, one of the most critical aspects to consider is the accurate valuation of property and assets. This article aims to shed light on the nuances of property valuation in divorce proceedings under Texas law, highlighting its significance in ensuring a fair and equitable division of assets. Community Property in Texas Texas law's [...]

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

By |2023-12-14T16:34:54+00:00February 2nd, 2023|Categories: Divorce Property Division|

  Divorce proceedings in Texas often bring forth the challenging task of asset division. A particularly tricky aspect arises when there's a suspicion that one party is concealing assets. Uncovering hidden assets is crucial for ensuring a fair settlement. This article delves into practical strategies and steps that individuals can take to identify and claim their [...]

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How Are Assets Acquired During Texas Divorce Proceedings Divided?

By |2024-01-23T16:14:51+00:00February 2nd, 2023|Categories: Divorce, Divorce Property Division|

In Texas, the division of assets during divorce proceedings adheres to a distinctive legal doctrine. Unlike the equitable distribution model prevalent in many states, Texas law mandates a "just and right" division of marital assets. This article provides an in-depth exploration of how this principle is applied, particularly to assets acquired between the initiation and finalization [...]

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Understanding Marital Debts and Business Ownership in Texas Divorces

By |2023-10-11T21:56:05+00:00February 2nd, 2023|Categories: Divorce, Divorce Property Division|

In the midst of a divorce, financial responsibilities often become a focal point of contention. As a seasoned family lawyer in Dallas, I've encountered numerous inquiries from couples navigating the complexities of divorce in Texas, especially concerning financial obligations. One frequently posed question revolves around the responsibility of one spouse for the debt of a business [...]

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Divorce Asset Division: Business vs. Personal Property

By |2023-07-26T14:26:42+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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Community vs. Separate Property: Dividing a Business in a Divorce

By |2023-10-11T21:17:31+00:00January 31st, 2023|Categories: Divorce, Divorce Property Division|

When navigating a divorce, understanding the distinction between community and separate property is crucial, especially if a business is involved. This article delves into the nuances of these classifications and their implications for business division during a divorce. 1. Defining Community and Separate Property Community Property: Typically, assets acquired during the marriage are considered community property. [...]

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How to divide stock options and RSUs in a divorce?

By |2023-07-21T16:51:30+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 |2023-12-14T17:13:36+00:00January 31st, 2023|Categories: Divorce, Divorce Property Division|

Divorce is a significant life event that not only affects personal relationships but also has profound implications on financial matters, particularly taxes. In Texas, understanding the tax consequences associated with divorce is crucial for making informed decisions. This article aims to provide practical advice for those going through or considering a divorce in the Lone Star [...]

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Understanding Postnuptial Agreements in Texas

By |2023-06-13T16:29:14+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 |2023-10-24T15:09:36+00:00January 10th, 2023|Categories: Divorce, Divorce Property Division|

Divorce is a challenging journey, filled with emotional and legal complexities. Among these complexities, the division of retirement benefits stands out as a crucial yet often overlooked aspect. If you're navigating this path, understanding the intricacies of retirement benefits can make a significant difference. ERISA: The Protector of Your Retirement Benefits The Employee Retirement Income Security [...]

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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 |2023-11-06T14:48:23+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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