Recent Posts in Separate Property Category

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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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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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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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Who decides how your community property is split during a Texas divorce?

If you and your spouse were to take all the community property that you own and put it towards the center of an imaginary (and huge) table during your divorce, the next question that would need to be ...
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Creating a post-nuptial agreement in Texas and its potential benefits for your family

Post nuptial agreements are similar to pre marital agreements with the exception that post marital agreements are signed after the marriage has already begun. I realize that this will not be an ...
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How to achieve a successful divorce from a financial perspective, Part Three

If you have been reading the Law Office of Bryan Fagan’s series of articles on how to achieve a successful divorce outcome the it is likely that you have either filed for divorce already or are ...
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What property goes to which spouse in a Texas Divorce?

Whether you’re a little kid on Christmas morning or a grown person going through a divorce, the big question is when it’s all said and done what are you going to end up with. Under the ...
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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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How to handle a high net-worth divorce in Texas

Divorce is a complicated and difficult process no matter what kind of case yours is. Many people have somewhat “typical” divorces that involve a husband and wife who each work and earn an ...
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What happens to your business in a Texas Divorce?

Owning your own business is great way to achieve financial independence and increase your earning capacity. While there are risks to going out on your own, the knowledge that you are the one who ...
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Trusts are not always trustworthy in the context of a divorce in Texas

Aside from my bad attempt at humor in the title to this blog post, the subject of how spouses structure and protect their assets is very important. I think a lot of people will consider whether or not ...
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Dividing up your property in a divorce is about more than money

If you are an adult and if you have friends, a family or co-worker then you have heard other people talk to you about their divorce. When people tell stories about themselves the person will rarely ...
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Reduce stress and costs in a divorce by mediating your case

If you are reading this blog post it is likely that you are either contemplating a divorce or one is already in the works. It is normal to feel nervous, apprehensive and stressed out about the ...
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Issues in Community Property Law in Texas

Many potential clients of the Law Office of Bryan Fagan come into one of our free of charge consultations to ask one of our attorneys a question or two regarding community property. If you are ...
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What happens to your pet in a Texas divorce?

An unpleasant realization that families facing divorce have to come to is that their sweet little dog, cat, or other pet is not actually the member of the family that we sometimes will believe that ...
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Handling debt in a Texas Divorce

When either you or your spouse incur a debt during the course of your marriage it is presumed to be included within the community estate. On the other hand, if you have incurred a debt before you were ...
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How to budget for a cost friendly divorce in Texas

We have all heard stories of friends and family members who have paid half a year’s salary for a family law attorney. If you are going through the process of figuring out if a divorce is ...
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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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Who Gets the House in a Texas Divorce?

In terms of physical property, there is no more important investment that you can make than buying a home. You need to consider the actual dollars spent on purchasing the home and furnishing the ...
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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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