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Topics related to marital agreements, property agreements and the issues of community vs. separate property.

Reimbursement of Assets at Divorce for Funds Spent from an Inheritance

Texas Legislature Passed New Law That Will Change How Inherited Assets Are Treated in a Divorce Originally posted June 1, 2023.  Updated June 28, 2023. The law was passed by the legislature and signed into law. It takes effect September 1, 2023.  Over the years, many clients have asked me if they can be paid back at divorce for assets they spent from their inheritance during the marriage. This would be called reimbursement. Inherited money is [...]

By |2023-07-11T09:03:20-05:00June 1, 2023|Categories: Family Law Updates, Community & Separate Property|Tags: , , , |
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Spousal Maintenance and Alimony in Texas Family Law

Many people believe that, with the passage of the Texas Spousal Maintenance statute in 1995, we now have alimony in Texas. That is not the case. Spousal Maintenance is not “alimony” in the traditional sense and that is why it is not called alimony in Texas Family Law. We do have contractual alimony in Texas, which I will discuss later in this blog. Contractual alimony, as you can presume by its name, must be agreed to between the parties, a judge cannot order it. [...]

By |2022-07-06T01:29:09-05:00May 3, 2022|Categories: Community & Separate Property, Family Law Updates|Tags: , , , |
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Divorce Property Division Settlements Are Not Always 50/50 in Texas Family Law

Texas Family Law does not mandate a 50/50 division of property in a divorce. Under Texas Family Law, the Court is charged with a duty to divide marital property in a manner that is “just and right.” Appellate Courts find in some divorces that 80/20 property division is “just and right.” Depending on the size of the estate, we see disproportionate property divisions falling in the range between 51 percent and 60 percent quite often. Under Texas Family Law, a divorcing spouse may be [...]

By |2023-07-17T12:10:47-05:00March 23, 2018|Categories: Community & Separate Property, Family Law Updates|Tags: , , , |
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When The Elderly Need A Divorce

As Baby Boomers enter the elderly population and advances in medical science continue to extend our lives, the elder population is now booming. A generation ago, it was uncommon to see elderly divorce between couples over 60. That is no longer the case. Divorce is becoming common for couples in their 60s and 70s and even in their 80s. Divorce Property Settlement The primary concerns of the elderly in divorce differ from their younger counterparts. Couples seeking divorce after 60 are likely to be at [...]

By |2018-03-16T10:58:47-05:00March 16, 2018|Categories: Community & Separate Property, Children & Family|Tags: , , , |
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Divorcing As Non-Native Texans: Divorce Laws in Texas for Property in or Accumulated in Another State

Do divorce laws in Texas prevail over out of state divorce laws? There are many jurisdictional issues to consider when divorcing in Texas if you and your spouse lived elsewhere before moving to Texas. The attorneys at Chris A. Spofford, P.C. can assist you in navigating these issues to reach a suitable outcome.

By |2023-05-24T10:37:34-05:00April 10, 2013|Categories: Community & Separate Property|Tags: , , , , , |
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Property Division not restricted to 50-50 in Texas Family Law

Contrary to what many people believe, Texas Family Law does not mandate a 50/50 division of property in a divorce. Under Texas Family Law, the Court is charged with a duty to divide marital property in a manner that is “just and right.” Appellate Courts have found in some cases that an 80/20 property division was “just and right.”  However, depending on the size of the estate, we generally see disproportionate property divisions falling somewhere in the range between 51 percent and 60 [...]

By |2011-12-07T09:00:05-06:00December 7, 2011|Categories: Community & Separate Property|Tags: , , , |
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Characterizing property in a divorce settlement–community versus separate property

Community property versus separate property can be a complex matter in reaching a divorce settlement Division of property in a divorce settlement under Texas Family Law can be a complex process. The first issue that must be clarified is the characterization of property that is owned by you and your spouse—what is “community property” and what is “separate property”? These are legal terms of art, which means they have specific meaning under Texas Family Law. Almost everybody has [...]

By |2023-05-24T10:47:01-05:00June 6, 2011|Categories: Community & Separate Property|Tags: , , , |
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