When one spouse transfers property to the other spouse by deed, there is a rebuttable presumption the property was gifted to the other spouse as separate property. A deed must contain a sufficient description of the property. In some cases, there may be mistakes or conflicting information in the deed. …
Texas Divorce Attorney Blog
Texas Presumption of Paternity after Termination of Someone Else’s Parental Rights
Under Texas family law, there are several ways to establish a parent-child relationship between a man and a child, including an unrebutted presumption, an acknowledgement of paternity, adjudication of paternity, adoption, or the man consenting to assisted reproduction resulting in the birth of a child. A mother recently challenged her…
Texas Wife Not Awarded Disproportionate Property Division Despite Allegations of Cruelty and Infidelity
A court’s division of property in a Texas divorce must be just and right. A just and right division does not have to be equal and may be disproportionate in some circumstances, including fault such as adultery or cruelty. A wife recently challenged a property division in which the trial…
Texas Grandmother Awarded Custody
Texas family law only allows non-parents to seek custody of children if they meet certain statutory requirements. For example, a grandparent or certain other relatives may petition for managing conservatorship if doing so is necessary because the child’s present circumstances at the time suit was filed would significantly impair their…
Texas Court Characterizes Property Conveyed by Husband’s Parents as Community Property
In a Texas divorce, there is a presumption that property possessed by either party during or on dissolution is community property. Tex. Fam. Code Ann. § 3.003(a). Property’s characterization is determined by inception of its title. In a recent case, a husband challenged a trial court’s characterization of property conveyed…
Texas Stepfather Has Standing to Seek Custody after Mother’s Death
Non-parents have limited rights in seeking Texas custody or visitation. In some circumstances, however, stepparents actively parent their stepchildren. In a recent case, a stepfather challenged a court order awarding custody of his stepchild to the child’s maternal grandparents after the death of the mother. Relationship with the Mother According…
Texas Appeals Court Upholds Divorce Decree Following Arbitration Award
Parties to a Texas divorce may choose to pursue alternative dispute resolution to avoid litigation. They may resolve part or all of their disputes through mediation. A mediated settlement agreement (“MSA”) is binging on both parties if it prominently states that it is not subject to revocation, is signed by…
Texas Appeals Court Reverses Spousal Maintenance Award Due to Lack of Evidence of Expenses
A Texas divorce case can become more complicated for spouses with a child with complex medical needs. In addition to addressing issues related to custody and decision-making, the divorce may also have to address spousal maintenance for the child’s primary caregiver. In a recent case, a husband appealed an unequal…
House Bought Before Marriage Declared Both Parties’ Separate Property in Texas Divorce
Pursuant to the Inception of Title doctrine, a property’s character is determined when the party acquires their interest in it. This means that property acquired before the marriage will generally be characterized as that spouse’s separate property in a Texas divorce. In a recent case, however, the court determined that…
Characterization of Personal Injury Recovery in Texas Divorce Cases
Under Texas family law, property acquired by a spouse during the marriage is community property, unless it meets the requirements of separate property. Pursuant to Tex. Fam. Code § 3.001, personal injury recoveries are the separate property of the injured spouse, but recovery for lost earning capacity is community property. …