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property division Archives

Should you consider a post-nuptial agreement?

The sobering truth about marriage in Texas is that many of them end in divorce. If you are married and you did not have a prenuptial agreement, you may want to consider a postnuptial agreement. Even if your marriage is currently wonderful, this type of legal document can help to prevent issues in the future.

What does the Texas Family Code say about prenups?

If you decided to look through the Texas Family Code to learn about prenuptial agreements, you would not find them. Instead, Texas statutes refer to them as premarital and marital property agreements. To be valid, this type of agreement must be a written document signed by both you and your future spouse.

The risks of a gray divorce

Many people in Texas are waiting until their kids are grown before divorcing their spouses. After many years of marriage, countless challenges and the sacrifices they have made for each other, they are no longer willing to remain in their relationships. Anyone who plans to rush to file for separation should consider the disadvantages that are prevalent in gray divorces. 

Talking to your spouse about property division

When couples decide to divorce, disagreements concerning a myriad of challenges may arise. From custody and visitation to child support and spousal support, ending a marriage can lead to confusion, uncertainty and even hostility. At Fabio & Merrill, we know that many couples face hurdles over the distribution of marital property in Houston. If you are anticipating divorce, it may be helpful to sit down with your spouse and go over the division of property.

How to divide artwork during divorce

One of the most difficult aspects of a divorce in Colorado is dividing up your property. When it comes time to decide who gets what, things can get complicated. This is especially true if you are an artist and have to decide what to do with your creations. We at Fabio and Merrill have experience helping clients determine what to do with marital property and can help you find the best home for your artwork as well as any other possessions.

Estimating a home’s worth pending a divorce

For many Texas couples, divorce is a realistic solution to resolving marital conflict and reinstating a measure of tolerability in the relationship. However, divorce proceedings can be challenging and at times confusing when dealing with decisions regarding property division for example.

What does community property mean?

Texas is one of only a handful of states that follow community property laws when it comes to dividing assets in divorce cases. If you are getting a divorce in this state, it is important to understand what this means so you know what to expect when you get into court. As the Huffington Post explains, community property is the idea that all property you and your spouse owns belongs to you equally.

Who gets the pets in a divorce?

When you are getting a divorce in Texas, there are a lot of things to consider. Who gets ownership of any family pets is something that can be confusing. The reality is that pets are considered property under the law, according to Forbes. This means they are distributed according to property division laws and not under custody laws.

The difference between separate and marital property

Although there are many topics to negotiate during a divorce case, property division may be one of the most difficult. At Fabio & Merrill, we understand that people grow attached to the personal items that they have accumulated during the duration of a marriage, and it can be hard to part with marital property. In a Texas divorce, however, only marital property is considered community property and is eligible for division. Separate property, on the other hand, may stay with the original owner.

Common methods used to conceal assets

Odds are, you did not walk down the aisle with anything less than complete trust in the person you were about to marry, but regrettably, trust and relationships in Texas sometimes fade over time. When a marriage is on the brink of failing, it is not uncommon for one spouse to begin to try and set his or herself up financially ahead of the split, and he or she may attempt to conceal assets in doing so. At Fabio & Merrill, we are well-versed in the tactics spouses sometimes use to hide funds from one another, and we have helped many clients make sure that any community property acquired during the marriage is divided equally.

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