Daily Archives: November 14, 2019


abandoned spouse
Two Types of Divorce in Texas The majority of divorce cases are “no-fault” divorces. In a no-fault divorce, the two parties simply have “irreconcilable differences” or could not get along. The other type of divorce is “fault-based” divorce, which means there is a shortcoming on one party or has aggrieved the other party, based on legal grounds. One example of those legal grounds is abandonment.  Definition of Abandonment in Texas Law Abandonment is being left alone to take care of the home and fulfill all parental duties of the child. Texas law has two conditions to constitute abandonment. First, the spouse must have been absent for a continuous period of one year. Second, the spouse made a willing and intentional decision to leave. This leaves off missing persons, or victims of abduction or kidnapping.  This ground of abandonment can be proven in court by presenting testimonies, documents, or letters. Abandonment Affects Child Custody The abandoned parent ends up having added responsibilities. He/she has to deal with the children’s needs: emotional, physical, mental and financial- alone. The main issue is the conservatorship of the children in a divorce on the grounds of abandonment. Conservatorship deals with the fulfillment of the duties and responsibilities of the children as opposed to possession. The parent charged with abandonment will usually lose custody. Abandonment Affects a Spouse’s Share in the Community Property The State of Texas upholds the concept of community property. Both spouses have an equal share of all property acquired during the marriage in a community property regime. However, in cases of abandonment, the court may deviate from the 50/50 arrangement. The innocent parent will naturally have a bigger share because of having custody of the child.

Divorce Due to Abandonment


mortgage
When you’re going through a divorce proceeding, the last thing you need is misinformation. You have to be aware of all the terms of conditions that are being discussed. It could dictate the quality of your life in the foreseeable future.  The legal terminologies that are being thrown around should be clarified by your lawyer. You need to make sure that you fully understand any agreement that you sign on to. In the tedious process of dividing the property, it is important to learn every slight detail. Mortgage Deed Vs. Property Title For most couples, the family home is the most significant piece of property. Because of this, it is the most complicated to divide. It is important to know the difference between a mortgage deed and a property title; this will have implications on the division. A mortgage refers to a loan agreement wherein the debtor uses the title of his property to secure a loan from the bank of another creditor. In this arrangement, the transfer of title is void once the loan is paid in full.  The mortgage deed is evidence of ownership of a property that is under mortgage terms. If one spouse wants to obtain true ownership of their marital home, they can execute a “quit claim” deed. This deed will relinquish the ownership of rights of one ex-spouse making the other spouse the sole owner, but it will still not take away the obligation of either spouse in terms of their loan agreement. In this case, the mortgage is still named to both spouses. The only way for a spouse to be eliminated from the ownership of the house is for the other spouse to execute a buyout of the rights.  True Value It is always good practice to determine the actual or current […]

Understanding the Difference of a Mortgage Deed from a Property Title of a Marital Home