Community Property

8 posts

Dealing with hidden assets in a Texas Divorce

Dealing With Your Spouse’s Hidden Assets in a Texas Divorce

 It is normal to be anxious about many things when thinking about getting a Texas divorce. You may have heard of horror stories about getting a divorce from your friends or acquaintances who have been through it. It’s difficult not to feel anxious when there is a possibility that something unpleasant will suddenly pop up before or after the Texas divorce has been finalized. Your spouse’s hidden assets could be one of these things. It will surely be complicated to deal with it especially when you don’t really know anything about it.   The Basics of Hiding Assets in a Texas Divorce    It is not uncommon for one spouse to try to hide some assets during the divorce. This is especially common when a lot of money and properties are involved. A common way to hide assets is to just choose not to announce a certain account or property. If your spouse has an account or property that you don’t know about, chances are, he will keep you uninformed about it. This is of course illegal, but that doesn’t really stop some spouses from hiding away some of their assets. Often, properties that are hidden throughout the marriage only are […]

coping after your divorce in Texas

Coping Successfully and Facing a New Life After Your Divorce in Texas

A divorce in Texas or anywhere else, is definitely life-changing. It could be a major turning point in your life. The result of the divorce might make you feel like you’ve won or lost, but regardless of that, you will have to cope along with your family members. There are many legalities you and your family will have to deal with before you can properly start a new life after your divorce. You will have to discuss these things with your family members too.   Changing your Name   Even before you started the process of your divorce in Texas, you might have thought about keeping or discarding your last name. Of course, this typically only applies when you’re a woman. Your decision about changing your name should be included in the documents that your attorney will submit for the divorce. The request to revert back to your maiden name is usually included in the Original Petition for Divorce. Even if you’re not the one who initially filed for divorce, you can always file a counter-petition to request for the name change. It’s also possible to request for a name change for children who are minors but it is not […]

The Worst Financial Mistakes You Can Make During A Divorce

During a divorce you are going to go through some of the worst times you have ever experienced. That is why many people make financial mistakes, too much is going on all at one time. Making a financial mistake will only make the experience worse. We have prepared this article to help you avoid making costly financial mistakes. Not Planning For Expenses A lot of people just spend their money without keeping track of it. This kind of expenditure during a divorce can be risky. There will be extra expenses that you will have to account for. Your lawyer will also need to know how much you spend every month in order to properly defend you. Sitting down and planning out your monthly expenses versus your income is incredibly important. Not Considering Finances When Deciding Where To Live Most people want to keep their family home during the divorce process. While this might help you keep positive memories alive, you need to consider your finances. You will no longer be operating monthly with two people’s income. Take a look at the monthly mortgage payments and look at your expenses from above to determine whether or not you can realistically continue […]

Managing A High-Stakes Divorce In Texas

Managing A High-Stakes Divorce In Texas

Any divorce is a complicated situation.  A lot goes on, from property management to custody.  Every decision has a lot of factors behind it that all need to be analyzed.  It is time-consuming and every day that the divorce goes on, it seems like it gets more complicated.  What do you do with a high-stakes divorce?  Read on for some guidance. Property Assignment in Texas There are two different categories that property can be assigned to.  These are: separate property (personal property) and community property.  Which category your property gets assigned to determines whether or not it will be split during the divorce or not. Personal Property In Texas Personal property is any property owner or claimed by a spouse before a marriage.  The most basic way to explain it is that it is, property that can be verified to belong only to one party in a divorce.  It can also include property that was specifically gifted to one partner or another.  Inherited property is the same way. During a divorce, personal property stays with its original owner.  That means that you don’t need to worry about whether it will be split between partners or not.  Both people in a […]

Divorce and Separation

Mediation: An Ease to The Destructive Nature of Divorce

For those who are married, the perfect world would be to not get divorced.  And should you have to get divorced, that it would be a quick, easy, and pain-free process.  The reality of that is not true.  District Court Judge John Roach and Attorney Laura Roach (husband and wife team) have seen too many people get hurt through divorces, especially ones that go to court. As a solution, the two have taken on a personal mission to make the process easier for couples who are going through a divorce.  They want divorce to become an amicable process and to save marriages where they can be brought back to life. The husband and wife duo believe that the key to a good divorce is through mediation.  John uses his experience in the 296th Judicial District Court while Laura uses her time as a partner at the firm Albin Roach PLLC to work people through the process of mediation. Years have gone by and divorce cases always felt the same to the couple.  The clients would go to court and they would be fearing the worst.  Heartbreak, despair, and the fear of losing your life’s progress all weigh on a client.  […]

A Quick Guide to Divorce

Texas Divorce Overview

  Texas Divorce Overview   Everyone іѕ fаmіlіаr wіth the wоrd dіvоrсе but dоеѕ not know thе technicalities about it. It is іmроrtаnt thаt wе should bе able tо knоw things about dіvоrсе аnd whаt are thе thіngѕ thаt wе ѕhоuld соnѕіdеr about when people аrоund us or ѕресіfісаllу uѕ іnѕtеаd are planning tо еngаgе into thіѕ kіnd оf situation. Yоu ѕhоuld fіrѕt know whаt rеаllу dіvоrсе іѕ tо have a dеереr perception about this dіѕеаѕе іn thе community that іѕ not only ruіnіng thе lives оf the husband and wіfе but аlѕо thе реорlе thаt аrе іnvоlvеd in thе marriage, tоо. Aссоrdіng tо Wikipedia, “Dіvоrсе (оr the dіѕѕоlutіоn оf mаrrіаgе) іѕ the fіnаl termination of a mаrіtаl union, саnсеllіng the lеgаl dutіеѕ аnd responsibilities оf mаrrіаgе аnd dissolving the bonds оf mаtrіmоnу bеtwееn thе раrtіеѕ.” It is іmроrtаnt that we ѕhоuld bе able tо know thаt dіvоrсе іѕ not just mеrе breaking up but also hаvіng a permanent separation with the person thаt уоu have married. A divorce fоllоwѕ a ѕеt of court hеаrіng іn which they would dіѕсuѕѕ all thе thіngѕ thаt a mаrrіаgе controls, from thе kids to the fіnаnсеѕ would bе a ѕubjесt mаttеr in a […]

Divorce in Texas: “Just and Right” Property Division

Everyone seems to have their own set of preconceived notions on how the divorce process is going to go, some based in reality, others mostly in fantasy. Ultimately, I suppose it is in my best interest, as if everyone had the same ideas about how property would be divided, I would be out of a job. That said, I still will go over some common misconceptions with you all as I think it helps the process along the better educated people are. First of which is that a judge is obligated to divide things perfectly down the middle. This may be true in some community property states (Texas is one of 9), but in Texas, the main determining factor is what the judge deems “just and right”. Effectively, that property is divided fairly. This tends to open the door to all sorts of things being discussed at a trial that might not otherwise be relevant to try to sway the judge one way or another in determining what is fair. Things like adultery, income earning potential, child care duties, abusive behavior, etc. are all commonly used as evidence. In most situations, the distribution will correlate pretty strongly with a 50/50 […]

Community Property

Most people are at least a little bit confused about the concept of “community property” which is basically property jointly owned by both spouses. The easiest way of understanding what is community property, is to first understand what is “separate property”.  In general, separate property is: property owned prior to marriage; property acquired at any time by gift or inheritance; recoveries for personal injuries sustained by a spouse during marriage (except for loss of earnings); In Texas, most everything else is separate property (with some exceptions).  People have some misconceptions about this, such as the idea that if only one person’s name is on the title of something (car, house, etc.), then it must be separate property.  That is not the case. There is a general presumption that all property acquired after marriage is community property, and you must PROVE that an asset was purchased solely with your own separate property for that asset to also be separate property. On the other side of the coin, there are also some misconceptions that without a pre-nuptial agreement, ALL property becomes community property.  This is also false.  If the property can be clearly traced to being acquired before the marriage, purchased with completely separate property, it is […]