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Property Division Archives

Enforcing property divisions

Enforcin property divisions in a divorce case is a common problem.  Although Chapter 7 of the Texas Family Code gives a divorce court wide latitude in dividing the marital property, it doesn't provide tools for the judge to make sure the property division is accomplished. Chapter 9 of the Texas Family Code is the source of the tools available to a judge for enforcing property divisions.  Although Chapter 9 prohibits a judge from making substantial revisions to a decree which awards property, it does allow a judge to clarify his prior order so that it may be enforceable by contempt which allows a judge to jail or fine a party that ignores his order. 

Property Division in Texas

Property division in Texas can be interesting where spouses jointly own property which is not community property.  If property is community property, it can be divided by the court in a divorce in a manner deemed "just and right".  Again, like the "best interest" of a child in the earlier blog, it is a matter of judicial discretion.  The court does NOT have to divide marital property equally.  So long as the court's decision is not an abuse of discretion (again a legal term which is defined in case law and not in statutes), the decision will stand on appeal.

Is adultery a property divisionissue in Texas divorces?

Is adultery a property division issue in Texas divorces?  Adultery may be the reason for a divorce in Texas if the spouses cannot reconcile their differences.  As a practical matter, adultery is one of the factors a judge may consider in making a disproportionate division of the marital estate along with a variety of other factors such as disproportionate earning capacity of the spouses, the respective needs of the spouses, and other factors.  It is a fact that the issue of adultery may be considered by cynical lawyers and judges as a question of the chicken or the egg. In other words, judges may not consider adultery as a key issue unless the children are exposed to the paramour.  That being said, it's good to have ammunition such as proof of adultery if it exists.

Is adultery a property divisionissue in Texas divorces?

Is adultery a property division issue in Texas divorces?  Adultery may be the reason for a divorce in Texas if the spouses cannot reconcile their differences.  As a practical matter, adultery is one of the factors a judge may consider in making a disproportionate division of the marital estate along with a variety of other factors such as disproportionate earning capacity of the spouses, the respective needs of the spouses, and other factors.  It is a fact that the issue of adultery may be considered by cynical lawyers and judges as a question of the chicken or the egg. In other words, judges may not consider adultery as a key issue unless the children are exposed to the paramour.  That being said, it's good to have ammunition such as proof of adultery if it exists.

Absent a marriage there is no community property to divide

Absent a marriage, there is no community property to divide when the relationship ends.  If couple has a ceremonial marriage by a judge or by a minister or priest, there may be community property.  If a couple meets the requirements for a common-law marriage, in Texas, there may be community property to divide.  This is so whether the marriage is between heterosexual couples or same-sex.  

Houston Top Divorce Lawyers W. Tyler Moore [email protected] 713-929-2242

W Tyler Moore is consistently rated among Top Houston Divorce Attorneys by H Magazine.  Over 40 years experience winning child custody suits.  One of 47 Attorneys in TEXAS with Board Certifications in Civil Trial Law and Family Law by the Texas Board of Legal Specialization.  Let him help you through your divorce or custody modification.  Located at 5005 Woodway, Suite 201, Houston, TX 77056 - just off the West Loop.  713-929-2242.   [email protected]

Houston Top Divorce Lawyers W. Tyler Moore [email protected] 713-929-2242

W Tyler Moore is consistently rated among Top Houston Divorce Attorneys by H Magazine.  Over 40 years experience winning child custody suits.  One of 47 Attorneys in TEXAS with Board Certifications in Civil Trial Law and Family Law by the Texas Board of Legal Specialization.  Let him help you through your divorce or custody modification.  Located at 5005 Woodway, Suite 201, Houston, TX 77056 - just off the West Loop.  713-929-2242.   [email protected]

Divorce in a community property state

Texas is a community property state. This fact has very little bearing on most aspects of someone's life. For someone who is considering divorce, however, the fact that Texas is a community property state is very important. Below we will discuss the impact of Texas' community property laws on divorce.

What is a prenuptial agreement?

When Texas residents decide to get married they often don't think about what will happen if they divorce. However, with as many as 50 percent of all marriages ending in divorce, it is important for Texas residents to understand that a divorce is a serious possibility. Even engaged couples need to understand what could happen to their assets should a marriage be unsuccessful.

Real estate basics to understand during a divorce

Divorce can be an emotional and difficult time for individuals in Texas. People may have a very difficult time as they move forward from their shared life. However, people need to understand that a divorce is not simply a break up. But it is also the division of financial assets between the couple. Decisions made during the divorce can have a serious effect on a person's future financial health.

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