What is a Partition or Exchange Agreement? In Texas, spouses can enter into agreements (often referred to as “partition or exchange agreements“) during marriage, partitioning community property between themselves. A partition or exchange agreement must satisfy several requirements to be valid and enforceable, including being signed by both spouses. However,…
Unfortunately, former spouses do not always comply with all of their obligations under a Texas divorce decree. When that happens, the other party may need to take action to enforce those obligations. A father recently challenged a court order charging his interest in certain business organizations with judgments the mother…
Long term relationships that involve joint business dealings prior to marriage can lead to complicated divorces. In a recent case, a wife challenged a trial court’s finding that she and her husband had formed a business partnership in 1995 and that properties purchased in her name belonged to the partnership.…
Divorce is usually fraught with emotion, but in some cases, a party may be pressured to the point of duress. Duress exists when there have been threats that prevent a person from exercising their own free will. Although it is not duress when a person threatens something they have a…
The court in a Texas divorce case may grant a divorce in favor of one party if it finds the other party committed adultery. There must be “clear and positive” evidence of adultery. Adultery may occur after separation. In a recent case, a husband challenged the divorce on the grounds…
In some Texas divorce cases, the parties are able to reach an agreement on property division. Such an agreement is treated as a contract, even when it is incorporated into a final agreed divorce decree. If there is an ambiguity, the agreement may be reformed to correct a mutual mistake…
As a result of his illustrious career, Dr. Dre’s net worth currently sits at a whopping $820 million – but maybe not for long. After 24 years, Dr. Dre’s wife, Nicole Young, is filing for divorce from the producer, rapper, and hip-hop icon. Reports indicate that the couple did not…
Whether a celebrity or not, we all worry about many of the same core issues when facing a divorce – How do I protect my stuff (money, investments, real property, personal property) and how do I protect the kids. As we have seen with Mary Kate Olsen’s recent divorce, a…
As states begin to emerge from months of lockdown resulting from the COVID-19 pandemic, will there be an increase in divorce filings? This question is of particular interest in Texas, where state and local officials have started the process of easing quarantine restrictions. However, with much uncertainty as to the…
When a party wants a judgment corrected, he or she generally has to challenge it directly within a specific time frame. In some cases, however, a person may seek to avoid the effect of the judgment through a collateral attack. A voidable judgment becomes final unless it is attacked directly…