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Seller’s Property Disclosure — It’s the Law

This post will discuss a common area of concern that arises in real estate sales and purchases — seller’s property disclosures. We will address the following questions: What disclosure is required? Why is disclosure required? What happens if I don’t disclose? Who can be liable for disclosure issues? Texas law requires that a seller of Read More

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What Is Child Custody In the State of Texas?

By Brian K. Tackett If you’re going through a divorce (or thinking about going through a divorce) and have children, getting custody of your children is probably an important topic for you. Before fighting for custody of your children, let’s discuss what custody is. What Is Child Custody? Custody is not a term specifically defined Read More

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Child Support: What Does It Not Cover?

By Brian K. Tackett Divorce and child custody can be a trying time for every member of a family. Although we like to believe both parents want what is best for their children, money issues and relationship conflicts can make child support a sensitive issue. The Conflict Of Interest In Texas, the non-custodial parent typically Read More

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Marital Property – How Do We Divide the “Stuff”?

By Brian K. Tackett Community Property v. Separate Property With respect to marriage, there are two types of property: community property and separate property. Community property is the property considered to be owned jointly by both spouses together, while separate property belongs to only one spouse. Community property will be divided between spouses in a Read More

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Protective Orders and How They Work

By Brian K. Tackett This article will cover: Where to apply for a protective order What must be in the application How to get a temporary ex parte protective order What a protective order does Purpose of a Protective Order A protective order may be appropriate for a victim of family violence.  The purpose of Read More

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Condemnation Through Eminent Domain

By Don R. White Condemnation is the process by which a state, public utility, authorized private entity or federal entity takes private property for a public purpose. In doing so, the government entity exercises the power of Eminent Domain. With this power, a government entity can take ownership of private property if two conditions are met: 1) Read More

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Social Media and Divorce: How Facebook Is Changing Your Relationship Status

By Brian K. Tackett Social Media and Divorce Social media has certainly revolutionized the way we live our lives—from reconnecting with old friends and organizing events to influencing dating or marital breakdowns and divorce. That’s right; the addictive and secretive nature of social media has shot up as a leading cause for divorce. While privacy settings Read More

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Probate Questions in Texas

   By Byron R. Berry 1. How do I get started? Find the Last Will and Testament of the deceased.  If you have made an exhaustive search and cannot find the Will, a copy will do.  Take the document to your attorney, assuming your attorney does probate work, and decide if a probate proceeding is Read More

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Bankruptcy Exemptions

By Byron R. Berry One question that often comes up in connection with bankruptcy is “What will I get to keep?” The answer, surprisingly often, is “Everything.” But we need to look in more detail at “property exemptions” to see whether this answer likely applies to you. Most of these exemptions are by dollar amount. Read More

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Family Violence in Divorce Cases – What Are the Risks and Consequences?

This article will review: What is family violence How it impacts spousal maintenance How it impacts custody Family violence can be the basis of fault in a divorce Family violence can cause unequal division of the estate Who can apply for protective orders Family Violence Generally First, what is family violence? Family violence is an Read More

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