By Brian Tackett | Published June 30, 2020 | Posted in Family Law | Tagged Tags: commingled property, community property rules in Texas, proving property is separate in a divorce | Comments Off on What Property Received By A Spouse During Marriage Is Not Community Property?
What Property Received By A Spouse During Marriage Is Not Community Property?
Divorce can be a confusing and contentious process. Separating oneself from a spouse becomes even more difficult when attempting to divide assets and property. To fully understand how process and possible outcomes, one must understand the difference between marital property and separate property. Texas is a community property state, which means that any assets or Read More
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Is a Will Essential to Estate Planning in Texas?
While there is no legal requirement in Texas to have a will, it is highly advisable for an individual to draft one as part of planning an estate. A properly drawn will allows an individual to control the distribution of their assets following their death. A will can also be used to carry out other Read More
Read MoreHow Texas Bankruptcy Exemptions Are Preferable to Those in Federal Law
Bankruptcy is a legal process that allows people and entities to be discharged from paying all or part of their debts to creditors. It’s a common fear that filing for bankruptcy will result in the loss of one’s hard-earned assets. While it is true that some property may have to be sold off, there are Read More
Read MoreWhat Are the Advantages of an LLC Under the Texas Business Organizations Code?
Entrepreneurs forming a business must decide which type of organizational structure best suits them. There are several types of business entities recognized under Texas law, among them partnerships and corporations. A third type — the limited liability company, or LLC — combines elements of both, in that it is subject to lesser regulation than corporations Read More
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New Seller’s Disclosure Notice Protects Buyers of Flood-Prone Property
Potential home buyers should be aware that sellers are required to disclose certain information about their property, especially concerning defects and conditions that are not discoverable through the exercise of due diligence. In Texas, this notification is done by completing an official form called the Seller’s Disclosure Notice. Now, in response to recent instances of Read More
Read MoreSubject to Division? Community or Separate Property
When considering a divorce in Texas, the first concern many people may have is: how much of our “stuff” is the other party entitled to? In order to answer this question, you must first have a general understanding of how property is classified in Texas. In Texas, for purposes of property division, property is either Read More
Read MoreWhat is Condemnation?
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) The land Read More
Read MoreHow to Deal with Borderline Personality Disorder
People with personality disorders often seem to have two personalities. They might be quite reasonable at work and with friends, then revert to dysfunctional, extreme behaviors at home. Personality disorders usually begin in childhood or adolescence, and while those around people with personality disorders wish they would change, it doesn’t happen without: 1) recognition, 2) Read More
Read MoreWhat is the “Service” in a Lawsuit and What Happens When it Goes Wrong
Service of process is the means by which a person named in a lawsuit is officially made aware of the existence of the lawsuit, and the need for them to take some action. The principals of “Notice and Opportunity” are inherent in people’s right to due process under the law, but what does that mean? Read More
Read MoreA Child Who Wishes to Determine Guardianship
During a divorce involving children, it’s fairly common for one parent to insist that their child wishes to determine custody matters and is further willing to speak with the judge about it. The question is: can a child make decisions regarding custody during a divorce? The simple answer is no… at least not really. Under Read More
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