Recent Posts in community property presumption Category

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Family Law Cases in Texas: Temporary Orders and the Final Orders stage of a divorce

I like to think of divorce cases as having two stages. You could argue that there are far more, but for the purposes of this blog post, I will stick with my general theory that there are two. The ...
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Family Law Cases in Texas: Examining Divorces

Probably the most common family law case in Texas is the divorce. It’s likely that you know a handful of people in your own life who have been divorced and you yourself may be one of those ...
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Abandonment as grounds for divorce in Texas

The majority of divorces that occur in Texas each year are what is known as “ No Fault ” Divorces. This means that the parties simply could no longer get along in the marriage and say no ...
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Frequently Asked Questions About Uncontested and No-Fault Divorce

The following are answers to some of the most frequently asked questions about Uncontested and No-Fault Divorce in Texas. The answers are general and designed to help you better understand how Texas ...
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Retirement Benefits and Divorce, Concluding Thoughts

As long as we’re talking about one unpleasant subject, namely divorce, we may as well talk about another, namely death. A good question to ask yourself is what happens to your share of the ...
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In what ways is a retirement plan divisible?

Once you have figured out what retirement plans are in place for you and your spouse, collected information from each and provided that to your attorney, you will need to know how a retirement plan ...
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Frequently Asked Questions About Legal Separation

The following are answers to some of the most frequently asked questions about legal separation in Texas. The answers are general and are designed to help you better understand how Texas handles legal ...
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Retiring with security after a Divorce

If you are going through a divorce and have no children then your financial future should be at the top of any list of concerns that you have to go into the process. While there are assuredly ...
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Dividing a Pension in your divorce

If you or your spouse have worked for a company or more likely a public entity for an extended period of time it is likely that either of you has a pension that has been made available to you for ...
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Proceeding into Divorce aware of risks regarding retirement division, Part Two

Learn about social security benefits and their effect on your divorce Attorneys are great at courtroom advocacy and knowing the ins and outs of the law. That much should be a baseline for what your ...
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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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The attorney-client relation explained, Part Two

In yesterday’s blog post from the Law Office of Bryan Fagan we introduced the topic of the attorney-client relationship. If you are interested in learning more about how a law office handles ...
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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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Texas Prenuptial Agreements: What can and what cannot go into one

At first glance, it may seem like the last thing you want to do as you prepare to marry someone is to discuss a premarital or prenuptial agreement. When you contemplate drafting such an agreement it ...
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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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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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Mistakes to Avoid at the Outset of your Texas Divorce, Part Two

In part one of this series of blog posts from the Law Office of Bryan Fagan, I discussed some tips to help avoid making common mistakes at the beginning of your divorce case. I would certainly advise ...
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How to negotiate a divorce settlement with taxes in mind

When the chips are down and you are in the middle of an intense mediation session attempting to negotiate final orders it is likely that there will be a moment where you think to yourself- “I ...
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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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