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Property and Debts The issue of how to divided property and debts is one of the main issues that must be resolved in any Texas divorce proceeding. Marriage creates three independent property estates: Husband’s Separate Property Wife’s Separate ...

Separate Property In general, separate property is property you acquired before marriage, that was gifted to you during the marriage, or that you inherited during the marriage. One common scenario occurs when one spouse purchases a home before ...

At the tail end of yesterday's blog post from the Law Office of Bryan Fagan , we introduced the concept of tracing as it pertains to determining whether the property is either going to be classified as community or separate in nature. Basically, a ...

Texas is a community property state. The past few days we have spent some time discussing that here on our blog. There are a handful of other states in the USA that adhere to principles of community property when dividing assets upon death or divorce ...

If you are embarking upon a divorce then you probably understand that it is not an easy process to go through. One of the difficult aspects of a divorce is how to properly characterize the property that you and your spouse own. Meaning: is an asset ...

Texas is a community property state when it comes to dividing up property in a divorce . There are folks out there who will tell you that it is incredibly complex and difficult to understand. I’ve had many clients who held this opinion going into ...

In Texas distinguishing between separate and community property is an important step in the divorce process when it comes to dividing property. This is because a spouse keeps all of his or her separate property. By contrast community property is ...

When it comes to property related issues for Texas spouses, the most important and basic fact that you need to be aware of is that Texas is a community property state. This is what we are going to discuss in today’s blog post. I’d like to begin by ...

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 your spouse then you are probably wondering how all ...

When spouses divorce in Texas the laws regarding community property come into effect. For the most part the laws are easy to follow despite what friends and family members who have gone through a divorce may have told you. The key to understanding ...

As discussed in yesterday’s blog post, premarital agreements are becoming more and more popular in Texas for persons who are interested in setting up a plan before their marriage for how property should be divided up in the event that they divorce. ...

Many potential clients of the Law Office of Bryan Fagan, PLLC 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 contemplating a divorce you have probably heard of ...

Community Property in Texas is created at the time of marriage. At the time of marriage three independent estates are created. These estates include the husband’s estate, the wife’s estate, and the community estate . At the time of divorce the Courts ...

Divorce is a trying experience for anyone, but it can be especially contentious when one or both spouses have a high net worth or a complex property portfolio. Complex and high asset divorces often involve claims of hidden assets and marital torts ...

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 be, I always silently think, “We shall see.” Reason 1 It would ...

Yesterday we posted a blog that introduced the topic of some commonly held beliefs about Texas family law cases that may not be exactly true. Today we will continue with this subject and hopefully increase your base-level of knowledge so you can move ...

Before a couple can get a divorce in Texas , one thing that must be resolved is the division of their property and debts . There are multiple steps that must occur during such a division including: The assets must be identified. This is typically ...

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 exactly does it affect- your case? Today’s blog post ...

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 start date the balance of retirement accounts prior ...

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 you and your spouse share is made up of both ...

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 Christmas tree, or under a court’s order what is yours to keep? ...

Outside of issues related to your children, if you are going through a divorce then odds are you are most concerned with your property. “Stuff” may not be the most important thing in the world but it does comprise and represent a great deal of the ...

Student loans taken out in order to earn a degree are treated much the same as other debts that a couple has accumulated. When that couple enters into divorce proceedings the big question then becomes whether the debt is considered to be separate or ...

Many couples entering into marriage are concerned about maintaining and protecting their property. At the Law Office of Bryan Fagan, PLLC, we are dedicated to helping engaged and married individuals reach their goals. Houston Prenuptial Agreement ...

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 underperforms the value of the stock will typically ...

A student loan is a type of debt- one that many folks have in the State of Texas. Debts as well as property are divided up in a divorce based upon whether they are community debts or separate debts of one of the parties to the divorce. Suffice it to ...

This article addresses what importance if any of property being titled or deeded in the name of one spouse in Harris and Montgomery County in Texas in a divorce and the importance of community property and separate property. A question that comes up ...

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 married that debt is considered to be separate ...

Spousal maintenance , also known as alimony, is treated similarly to child support in Texas. If you are ordered to pay spousal maintenance to your spouse after your divorce is finalized and you do not do so then a judge can hold you in contempt of ...

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 make decisions regarding dividing the marital property and ...

One of the things my client or potential clients are often concerned about during their Texas divorce is their retirement accounts. They want to know if they are going to be able to keep their retirement. The answer to that question as with many ...

Texas courts must divide the community estate in a manner that results in a just and right division. Community property includes all property that was obtained throughout the course of the marriage. In some cases, marital property division becomes ...

The Texas divorce process can be a confusing, emotional, and stressful maze to navigate. It does not help that for many people they do not know what to expect and there is a lot of false information available. This blog article is intended to help ...

Based on my experience as a family law attorney in southeast Texas, I can tell you that most clients have not one, but many, misconceptions or misunderstandings associated with divorce . Many of those misconceptions are in relation to what will ...