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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Navigating through a divorce can be one of life's most challenging experiences, especially when it comes to protecting your financial interests. If you suspect that your spouse is hiding assets, it's critical to take decisive action to uncover the truth and secure your financial future. Here are some expert strategies to help you identify and [...]
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 [...]
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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
