Close

Articles Posted in Divorce

Updated:

Texas Appeals Court Rules on Separate Property Equity in Real Estate

The property division in a high net worth Texas divorce may require one party to convey their interest in certain assets to the other spouse.  In some cases, the parties may agree to liquidated damages in the event one party fails to cooperate and take the actions necessary to transfer…

Updated:

Texas Court Denies Petition to Enforce Provisions of 1993 Divorce Decree in High Net Worth Divorce

The conflict in a Texas divorce does not always end when the divorce is finalized, especially a high net worth divorce or one that involves complex assets.  A Texas appeals court recently considered an appeal of a denial of a petition to enforce certain property division provisions from a divorce…

Updated:

Texas Appeals Court Finds Wife Failed to Meet Purchase Option Requirements on Marital Residence in Divorce Decree

In a property division of a complex estate in a Texas divorce, one party may be given the option to purchase the other spouse’s interest in real property or a business.  The divorce decree may include terms regarding the purchase option, including deadlines, contingencies, and requirements that the other spouse…

Updated:

Characterization of Gifted Property in a Texas Divorce

When individuals with a high net worth marry, they often bring significant separate assets to the marriage.  When marriages with complex estates end, there may be disputes over whether property is community property or the separate property of one of the spouses. The trial court in a divorce must divide…

Updated:

Texas Court Appoints Receiver in Divorce with Complex Estate and International Assets

During a Texas divorce case, the court may appoint a receiver to preserve and protect the parties’ property. Tex. Fam. Code § 6.502(a)(5).  The receiver’s role is to receive and preserve property for all of the parties, not just the party who applied for a receiver.  Protecting assets can be…

Updated:

Texas Appeals Court Affirms Confirmation of Arbitration Award in High Asset Divorce

Parties to a high net worth Texas divorce may choose to arbitrate disputes because arbitration can be less expensive, less contentious, and more private than litigation.  An arbitration award can be difficult to challenge, however. Under the Texas Arbitration Act, a trial court may only vacate an arbitration award based…

Updated:

Financial Consequences for Engaging in Prohibited Behaviors

Parties in a high profile divorce might want to enter an agreement that goes beyond dividing the property. Celebrities, business owners, or CEOs might seek an agreement that prohibits their former spouse from disclosing private information, disparaging them or their business, or engaging in other behaviors that might damage their…

Updated:

Divorce Decree Entered by Submission Thrown Out For Failure of Court to Conduct Trial

In a high net worth divorce, the parties may want to reach an amicable resolution of property division.  In a recent Texas divorce case, a husband challenged the final divorce decree that upheld the parties settlement agreement without giving him notice and a hearing. The parties got married in March…

Updated:

Husband’s Inherited Home Confirmed as Separate Property Not Subject to Division in Divorce

The court in a Texas divorce case must divide the parties’ estate in a just and right manner. Tex. Fam. Code § 7.001. Complex estates may include both community and separate property, acquired from various sources.  The court can only divide community property, which is any property acquired by a…

Updated:

Texas Court May Classify Attorney’s Fees Awarded in Divorce as Non-Dischargeable in Bankruptcy

“Domestic support obligations” as defined by the U.S. Bankruptcy Code are generally exempt from discharge in bankruptcy.  Therefore, child support or spousal maintenance generally cannot be discharged in bankruptcy and must be paid.  The treatment of other types of awards that may be granted in a Texas divorce, however, may…

Contact Us
Start Chat