Who has the right to “Manage” marital property
Who has the right to “Manage” marital property – As we have learned from Texas community-property laws, each spouse has equal ownership of what has been determined to be community property, regardless of who purchased it, earned it, or acquired it. Like I have said many time before, what is yours…
Characterizing “other” Property Interests
Characterizing “other” Property Interests – Just when you thought there could not be more examples of property characterization, I throw more in. I know, I’ve done four of these blogs on everything from wages to life insurance policies, and it feels like the topic that will never end. But truthfully,…
Characterizing Business Interests
Characterizing Business Interests – Building my family law firm from the ground up has been extremely challenging. It has also been just as rewarding. Like me, all good business owners have poured their heart and soul, and countless hours, into starting something they can call their own – thus building…
Characterizing Life And Casualty Insurance
Characterizing Life And Casualty Insurance – As I have mentioned in previous blogs, there is a method to which all property –including income from various sources – is characterized as either separate or community property. Last week, I focused a blog on characterizing work income. Today, it is Life and…
Extra Marital Affair Leading To Divorce – How to Cope Up With the Situation?
Extra Marital Affair Leading To Divorce – How to Cope Up With the Situation? – Extra marital affairs are disliked by all, irrespective of caste, color or creed. The impact of such affairs can be very complicated and heartbreaking. The feelings of ending your strong relation with the person you…
Characterizing work income
Characterizing work income – Based on what you know thus far about characterization of property, would you say income – whether it be that of your spouse or your own – is separate property or community property? Don’t jump to an answer too fast. Think about it, because not all…
Burden of proof – Clear and convincing evidence
Burden of proof – Clear and convincing evidence – In a continuation of the “yours versus mine” community-property debate, I am going to spend this blog talking about the burden of proof spouses have in establishing separate ownership of property. Remember that the Texas Family Code presumes all property possessed…
Tracing assets for divorce is no easy task
Tracing assets for divorce is no easy task – You would hope that no one enters into a marriage expecting to one day get divorced. So if the idea is to be together forever, it is easy to see how each spouse’s “stuff” can become comingled. But if the marriage…
What do we mean by Community-Property State?
What do we mean by Community-Property State? – If you have lived in Texas for a while, then it is a safe bet you have heard the term community-property state thrown around a time or two. That term is so commonplace that it’s likely most family law attorneys assume everyone…
Establishing what is yours, and what is mine
Establishing what is yours, and what is mine – Because Texas is a community-property state, most property acquired during a marriage is considered jointly owned by both spouses and is divided upon divorce, annulment or death. But as we alluded to in our last blog, establishing ownership of ALL real…