Oct 8, 2018 | Uncategorized
Texas community property law states that property gifted to a spouse is the separate property of that spouse. Whether a transfer is a gift is often a hotly contested issues requiring the person who made the alleged gift to testify as such in Court. A recent case out...
Sep 30, 2018 | Uncategorized
In Lecuona v. Lecuona (No 03-17-00138-CV) the Austin Court of Appeals has found that the Supreme Court’s Obergefell decision does not invalidate no-fault divorce in Texas. The wife in this case contested the husband’s no fault divorce on the grounds that...
Sep 27, 2018 | Uncategorized
In Re Ja D.Y., No. 05-16-01412-CV, Dallas Court of Appeals. This is a fun one. When Husband and Wife met, he informed Wife that he had multiple degrees, was a former marine, made $100,000 to $225,000 each year and had for years, and had been married once before. ...
Sep 24, 2018 | Uncategorized
Here’s an amazing case out of Amarillo. As background, the Family Code allows for a Court to find that parties have entered into an informal marriage, frequently referred to as common law marriage, if a party shows among other requirements that there was an...
Sep 21, 2018 | Uncategorized
The Family Code allows for a spouse to be reimbursed when another spouse improperly disposes of community property, but makes no allowance for when a spouse improperly disposes of a child’s property. Furthermore, the Family Code does not codify how to divide a...
Sep 18, 2018 | Uncategorized
The Houston Court of Appeals has found that the defense of illegality does not void a Mediated Settlement Agreement. As background, any contract or agreement may be voided if it’s illegal. You can’t for example enforce a contract to rob a bank. In In re...
