Recent Posts in Marital Property Category

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Family Law Cases in Texas: Marital Property and the community presumption

If you read anything about divorce in Texas then you have probably come across at least one article online that has told you that Texas is a community property state. What does this mean and how ...
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Common Law Marriage in Texas

For the majority of married persons in Texas, our married lives began with a ceremony of some sort where vows were exchanged and a pronouncement was made that you and your spouse are now married. ...
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Handling a home mortgage after your Texas Divorce

One of the issues that is often times the most concerning to people going through a divorce is the family home. After all, not only is it the place where more memories and important events occurred ...
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Debts, Credit Cards and Divorce in Texas

In our world, today debt has more or less become a way of life for many families. When we consider even a few generations ago how people dealt with and approached debt I think that we would find that ...
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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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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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Common mistakes in Texas divorces and how to avoid them

Throughout the course of a divorce there are many, many decisions that people make that can affect their family and their case. If you are considering a divorce then understanding the common mistakes ...
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How important is having an attorney for your divorce in Texas?

Many people file for divorce in Texas without the assistance of an attorney. The internet is an amazing thing- if you search long enough you can find all the necessary documents online that ...
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What affect can adultery have on a divorce in Texas?

While I don’t have any statistics on the subject to provide you all with, my gut feeling is that infidelity among spouses is more prevalent today than even ten years ago. Maybe this is a result ...
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The United States Supreme Court Answers a Question about Military Retirement Benefits

In May 2017, the Supreme Court of the United States ruled upon an issue that has to do with how military retirement is decided in a military divorce. The case is called Howell v. Howell and in its ...
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Dividing Stock Options in a Texas Divorce

As an investment, stock represents a percentage share in the ownership of a business. When the business does well the value of the stock will typically increase and when the business does poorly or ...
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What sets a Texas Family Law case apart from other civil cases?

For those of you who are not experienced with legal cases you may be wondering what sets family law cases apart from other areas of law. Having worked with clients across Southeast Texas in courts ...
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Undisclosed Assets in a Texas Divorce

The Houston divorce attorneys at the Law Office of Bryan Fagan work as hard as possible to uncover any hidden assets or money that an opposing party may be attempting to hide from one of our clients. ...
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How to Prepare for a Meeting with a Divorce Attorney

When you’ve reached the point where a decision is made regarding whether or not to move forward with a divorce the first thing you may want to do is go and speak to an attorney. Some attorneys, ...
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SUCH AN EASY DIVORCE? THAT HUSBAND MAY LOSE HIS HOUSE!

A couple weeks ago I met with a husband who wanted to divorce his wife. I was informed by the consult that this would be an “easy case” Whenever a consult tells me how easy the case will ...
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Do I have to bring Evidence to a Default Judgment Hearing in Texas?

In addition to the concerns that most people have that are going through a divorce, or contemplating the steps of a divorce in Texas, are procedural steps that must be met in order for the divorce to ...
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Family Pets in Texas Divorces

Many people consider their pets to be a part of the family. Whether it’s our own childhood pet, the pet of a neighbor or longtime friend, the little fury, four legged creatures tend to be very ...
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Prenuptial Agreements in Texas

Agreements that marrying persons enter into before the marriage actually begins are enforceable by law under the Texas Family Code. The requirements of a prenuptial agreement must be met, but so long ...
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Essential Information for Military Divorces in Texas

In order to finalize a divorce in Texas, certain procedures must be followed in order for the Court to grant the divorce. Military divorces are similar in many regards to civilian divorces there are ...
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Why are Retirement Funds Important in a Texas Divorce?

When parties enter into divorce proceedings in Texas it is not only the children, the house and their bank accounts that are issue- it’s also their retirement accounts. The Houston divorce ...
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How long after the divorce does my ex-spouse have to remove items from my house?

Your Texas divorce has been finalized, all the parties have signed the Final Decree of Divorce as well as the Judge. That decree awards you the marital home and certain pieces of property within it. ...
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Can I move to another city before filing for divorce?

When spouses are going through difficult and trying times at home, it is often the instinct of at least one of the spouses to pack up their belongings and leave the marital residence. Whether it is to ...
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Can I Keep My Retirement in a Texas Divorce?

One of the first homework assignments we give our clients who are going through a divorce in Houston, Texas, is to gather all the information you can regarding your retirement accounts such as: the ...
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Know How Property and Debts are Divided, When Preparing for Your Texas Divorce

Unless you and your spouse have resolved all issues in a divorce, your divorce will more than likely be considered " contested ". If your case is contested and goes to a court the Judge will ...
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