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Articles Posted in Property Rights

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Characterization of Property During Texas Divorce and Failure to Request Findings

A recent Texas appeal concerned property division in a divorce. The case arose when a couple got married in 2004 and then separated in 2011. The wife filed for divorce in 2013, and the husband countersued, alleging fraud, breach of fiduciary duty, conspiracy, and other claims against the wife, some…

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The Property Owner Rule in Valuing Texas Property for Distribution Purposes

In a recent Texas appellate case, the court considered the lower court’s division of a marital estate. The couple was married in 1990 and bought two businesses while married, one an insurance agency operated by the wife and the other a livestock auction house operated by the husband. The wife…

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Acceptance of Benefits Doctrine in Texas Divorce

In a recent Texas Supreme Court case, the Court considered the acceptance-of-benefits doctrine, which stops a litigant from challenging judgments after voluntarily accepting any benefits provided by the judgment. The Court considered the case because divorces regularly divide assets in situations in which a party can possess and control assets…

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Who Keeps the Engagement Ring if the Wedding is Called Off?

What happens to the engagement ring if someone calls off the wedding? Unfortunately, before some engaged couples can make it down the aisle to say “I do”, someone says “I don’t”. The issue of who gets to keep the engagement ring often surfaces during this heartbreaking time. An engagement ring…

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