Fabio & Merrill

Posts tagged "Property Division"

What property is exempt from division in a Texas divorce?

In Texas, a family court judge will consider all possessions acquired by a couple during the union as marital property. As in any other state, marital property in Texas is subject to division in a divorce. However, Texas is one of the few states that recognizes community property laws. Per community property laws, a judge must divide all marital property and income equally upon divorce or death, whereas in equitable distribution states, a judge will divvy up property in a way he or she considers fair. That said, is there property that is exempt from Texas's marital property laws? FindLaw says yes.

Emotional issues associated with property division

People frequently view property division with a great deal of consideration given to the financial impact of dividing marital property. However, some may overlook other aspects of property division which can be equally challenging, such as various emotional considerations that arise as a result of this issue. For example, some people may have a great deal of anxiety over addressing property division in court or losing key assets. Others may struggle with depression once marital property has been divided, whether they feel as if their former spouse should not have received certain assets or they are upset about losing items with sentimental value.

What if your spouse is caught hiding assets during your divorce?

Texas is a community property state, meaning the court divides a divorcing couple’s shared assets in a manner that it deems fair. In an effort to tip the coffer in his or her favor, your spouse may, unfortunately, take steps to hide assets from the divorce process. If caught, however, this could have a serious impact on the outcome of your case.

Is there a way to protect your business in divorce?

If you are like most people, you entered your marriage with the hopes of happily ever after. Unfortunately, not even half of all married couples achieve this goal. According to Inc., 52 percent of first marriages end in divorce and 70 percent of second and third marriages end more or less the same way. Whether you and your significant other have yet to tie the knot, are happily married or are in the throes of a Texas divorce, if you own a business, take proactive measures now to protect the business you spent so many resources growing and nurturing. Otherwise, the Texas courts may award your spouse 50 percent of the company in the divorce.

Preventing divorce from destroying a person's retirement future

For many couples, the decision to divorce does not come without considerable forethought. Often, many couples may turn to counselors and other professionals for help finding solutions to their marital conflicts, but when other options fail to provide relief, they resort to divorcing and ending their marriage. This choice results in the need for many Texas couples to reassess the life they have grown to share and decide how to split things to give each a chance at creating a new life for themselves. 

How can you ready your finances for divorce?

If you and your spouse are about to embark on a high asset divorce in Texas, your only concerns right now may pertain to alimony and the property division process. However, because your divorce is a high asset one, know that your financial concerns should begin long before you even file the paperwork.

Who pays college expenses for a child?

College is an expense that you as a parent usually pay for your children. In a divorce situation, who pays for college can become a complex situation. Unless you made plans in your divorce settlement, you may face some issues when it comes time to pay for your child's postsecondary education in Texas.

Divorce, Mortgage and Taxes

For divorcing couples in Texas who own a home together, that home and its corresponding mortgage commonly represent the couples' largest financial asset and liability, respectively. Determining how to split those two things during a divorce is no easy task, especially when emotions come into play as can happen with a family home.

How do you go about dissolving a business during divorce?

You have recently filed for divorce in Texas and while you are optimistic about how this decision will affect your future, you are concerned about the fact that your soon-to-be-ex is also your business partner. In this difficult position, you are faced with the uncertainty of dissolving a once-ideal business partnership. Depending on what you and your former spouse decide, one of you may also choose to exit the partnership to keep the business intact. 

Reassigning mortgage payments during a divorce

One of the most complicated parts of divorce for many Texas couples is having to work through the separation of their assets and finances. In many cases, determining which person is going to keep the house, is one of the most complicated and contentious decisions to be made. Many couples still owe money on their home thus complicating matters further when mortgage payments have to be reassigned to a party who is willing to pay. 

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