Recent Posts in Community Property Category

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Proceeding into Divorce aware of risks regarding retirement division

When you decide to file for divorce and select an attorney to help guide you through the process and advocate for your rights along the way the most powerful tool you have at your disposal is your ...
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The division of military benefits in a Texas Divorce, Part Two

In yesterday’s blog post from the Law Office of Bryan Fagan, we introduced the topic of retirement accounts and how the funds within them are divided in a divorce. Today we will continue that ...
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The division of military benefits in a Texas Divorce

If you are a person who either serves our country in the military or are married to a spouse who does, enough cannot be said about your family’s sacrifices in order allow your fellow citizens ...
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Considering whether to move out of the home after a divorce is filed? Read this blog first

The decision as to whether or not to move out of your marital home after your spouse has filed for divorce from you is one of the most important decisions you will make in your divorce. Issues related ...
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Reimbursement of the Community Estate: Continuing the Discussion on Divorce

Dividing community property and debt, grounds for divorce and residency requirements in Texas have all been hashed over thus far in our discussion on getting a divorce in the Lone Star State. Today we ...
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Texas Divorce Overview: Dividing Community Property and Debts

Community property is defined in the Texas Family Code as any property that is acquired by either or both spouses during marriage by any means other than gift or inheritance. This is obviously a ...
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Debt division in a Texas divorce

Even if you don’t know much about getting a divorce in Texas it is likely that you have heard that Texas is a community property state. You may not know exactly what this means or how it could ...
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Handling the issue of credit card debt during your divorce

Despite how powerful the judge may seem in your divorce case he or she cannot do anything to affect a contract that you had agreed to with a credit card company. If you agreed to pay a certain ...
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The effect of a divorce on an LLC, Part Two

A subject that, in my opinion, that is becoming increasingly relevant is the status of a business after a divorce. Specifically, we have been discussing a Limited Liability Company (LLC) as a specific ...
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The effect of a divorce on your Limited Liability Company (LLC)

If you or your spouse own a business or own a portion of a business it is possible that that business is classified as a Limited Liability Company ( LLC ). As opposed to operating a business as a sole ...
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Your home in a Texas Divorce: How to decide whether to sell or stay

Many people will tell you that a divorce, when it comes right down to it, is a transaction. It is attempting to gain as much for yourself and limit your exposure in terms of ceding your assets to your ...
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How to handle a cheating spouse in Texas

One of the most difficult and challenging aspects of a family law case is that they are, above all else, personal matters. This means that not only will you become engaged financially, relationally ...
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Is a Common Law Marriage Just as Good as a Ceremonial Marriage?

Recently, I had a consult involving an informal marriage or common law marriage. The wife was concerned about what rights she had. Her story involved verbal abuse, physical abuse, and an altercation ...
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Texas Family Law Courts: Dividing Property in a Divorce

Texas is, as any family law attorney will tell you, a community property state. This means that there is a legal presumption in our State that if all property that is acquired by you and your spouse ...
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Business owners should be aware of the following tips to prepare for a divorce in Texas

When a divorce is on the horizon for you it is reasonable to want to learn as much as you can. The fact of the matter is that not only is a divorce a difficult process to go through but many of the ...
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How you can be reimbursed for past purchases during your Texas Divorce

Part of any divorce in Texas is figuring out how to characterize the property owned by the two spouses. If you are considering a divorce or have just been served with a petition by divorce filed by ...
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Enforcement Suits in Texas Family Law, Part Six

For the most part thus far in our discussion on enforcement lawsuits in Texas family law cases, we have gone over some of the finer points associated with issues related to parents and children. ...
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What is a summary judgment and how could one affect your Texas family law case?

A summary judgment allows for a court to dispose of a case where either the Petitioner (the party who filed the lawsuit) either does not have sufficient evidence to win the relief he or she is ...
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Dividing real property in a Texas Divorce

If you are getting a divorce you should be prepared for knowing what to expect when it comes to dividing up your marital home. Not only will you and your spouse have to decide if either of you will ...
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Dividing community property in mediation: What can be done to settle your divorce in Texas

Generally speaking income earned and property/debt acquired during the course of your marriage is considered to be community property for Texas residents. Property and income is presumed to be ...
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Answering Frequently Asked Questions about Texas Divorces: Part Three

In an effort to address many of the frequently asked questions that people just like you have asked me in divorce consultations, the Law Office of Bryan Fagan is producing blog posts that are intended ...
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Answering Frequently Asked Questions about Texas Divorces: Part Two

In Part One of the Law Office of Bryan Fagan ’s series on Frequently Asked Questions about Texas divorces, we discussed how much your divorce could cost and the factors that contribute to the ...
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Answering Frequently Asked Questions about Texas Divorces

One of the benefits of working as an attorney at the Law Office of Bryan Fagan is that I have the opportunity to frequently meet with potential clients in consultations. We offer people like you that ...
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The community estate in a Texas Divorce: Where is all of our stuff going?

The part of a divorce that proves to be the most difficult time and time again (other than issues relating to children) is what ultimately happens with your community estate. The community estate that ...
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Spousal Maintenance: What it is and what that can mean to your Texas divorce, Part Two

In the first part of the Law Office of Bryan Fagan ’s series of blog posts on Spousal Maintenance in Texas divorces, we discussed court ordered spousal maintenance and the situations that ...
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