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Separate Property and Tort Claims in Texas Divorce

Property in the possession of either spouse at the time of dissolution of marriage is presumed to be community property under Texas family law.  A spouse may rebut this presumption by tracing and clearly identifying the separate property. That spouse must present evidence of the time and means of acquisition…

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Trial or Contested Hearing Required to Determine Disputed Texas Property Division

In a Texas divorce, a jury may decide issues regarding the characterization and valuation of property, but the judge is responsible for actually dividing the community property in a just and right manner.  The court may consider a number of factors, including fault, education, ages and physical conditions, financial conditions,…

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Is My Spouse Entitled to Half of My 401(k)?

For many Texans, their 401(k) plan is one of their largest assets – particularly for those who have made regular contributions throughout their career. On top of that, 401(k) plans often hold symbolic significance above and beyond their sheer dollar value. To some, they represent safety, security, and an end…

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