The court in a Texas divorce case may appoint a receiver to protect and preserve the property of the parties. TEX. FAM. CODE § 6.502(a)(5). The receiver only has the powers authorized by the court. The receiver’s role is to receive and preserve the property for all interested parties’ benefit. …
Articles Posted in Property
Court Erred in Valuation of Large Pension in Texas Divorce
Pensions and retirement accounts can complicate property division, especially in a high net worth Texas divorce. Retirement accounts often include both separate and community property. In a recent case, a former husband challenged the court’s valuation of the wife’s pension and the resulting property division. According to the appeals court’s…
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…
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…
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…
Reconstitution of Community Estate Due to Waste or Fraud in Texas Divorce
A court dividing property in a Texas divorce may consider a number of factors, including fraud or waste of community assets by a party. A spouse may commit constructive fraud or waste by unfairly depriving the other spouse of the benefit of community assets. There is a presumption of constructive…
Property Division Pursuant to Texas Premarital Agreement Turns on Interpretation of “Their”
Property’s characterization as either separate or community property in a Texas divorce is generally determined by its character at inception. The Texas Family Code includes a presumption that property either spouse possesses during or on dissolution is community property. Tex. Fam. Code § 3.003(a). The Code defines “community property” as…
Texas Appeals Court Affirms Equal Property Division Despite Fraud Allegations
A trial court in a Texas divorce must divide the community estate in a just and right manner. The court has broad discretion in determining what is just and right, and, when there is a reasonable basis for doing so, the court may order a disproportionate division. The court may…
Texas Appeals Court Affirms Order Requiring Ex-Husband to Sign Papers to Transfer Stock to Ex-Wife
After rendering a Texas divorce decree, the trial court retains continuing subject-matter jurisdiction to enforce its property division. Tex. Fam. Code § 9.002. The court may issue additional orders to enforce the property division. Tex. Fam. Code § 9.006. An order to enforce may help in implementing or clarify the…
Texas Appeals Court Husband Did Not Overcome Community Presumption in Divorce
Community property is the property acquired by other spouse during the marriage, except separate property. Tex. Fam. Code § 3.002. Separate property is generally that property the spouse owned or claimed prior to the marriage, property acquired by gift, devise, or descent during the marriage, and personal injury recoveries with…