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Everything You Need to Know About Commingled Property in Texas
Commingled property is a complicated concept that can be difficult to understand, especially regarding real estate. In Texas, commingled property is a type of marital property subject to division in divorce proceedings. If you are getting divorced in Texas, it is essential to understand what commingled property is and how it affects your divorce case. Remember, it is best to hire an attorney at the outset of divorce proceedings to ensure you are well-informed of your legal options at this time.
Commingled Property 101
Commingled property is money or other assets combined with marital property, such as joint bank accounts or the family home. For example, if one spouse inherits money during the marriage and deposits it into a joint bank account, the money becomes commingled property. Commingled property can also arise when one spouse uses separate property funds to improve or repair the marital home.
What Does Community Property Mean in Texas and Why Does it Matter?
Community property is a legal concept that exists in a number of states throughout the United States, including Texas. In the context of a Texas divorce, community property refers to all property and assets that were acquired by a married couple during the course of their marriage, with a couple of exceptions. Community property can include income, real estate, investments, and other assets. Today, we are going to discuss everything you need to know about community property. Remember to hire an experienced divorce attorney to ensure you fully understand community property in Texas and what it entails.
What Does Texas Law Say About Community Property?
Under Texas law, both spouses own community property equally, regardless of who earned the income or whose name is on the title. This means that in a divorce, community property is generally divided equally between the spouses unless there is a prenuptial or postnuptial agreement that specifies a different arrangement.
Understanding What Causes Divorce Mediation to Go Wrong and What to Do if It Does
Divorce mediation is a very popular alternative to traditional litigation, as it can save exorbitant amounts of money and emotional stress. However, mediation is only sometimes successful. Understanding the common causes of failure is essential to increase your chances of a positive outcome. Today, we will discuss the common causes of why mediation can go wrong and what can be done to salvage the situation if things do not go according to plan. Remember, a family law attorney can be instrumental in helping to ensure the mediation process is as smooth as possible.
What Causes Mediation to Go Wrong, and What Are Some Solutions?
One of the critical reasons divorce mediation can fail is the need for preparation by one or both parties. To achieve a successful mediation, both spouses should come prepared with a clear understanding of their financial situation, assets, debts, and other relevant information. Failure to adequately prepare can lead to delays, disagreements, and, ultimately, a breakdown in the mediation process. To help ensure this does not happen, before starting mediation, ensure that you gather all necessary documentation and work with your attorney to develop a comprehensive understanding of the issues to be discussed.
How Do Paternity Tests Work in Texas?
Paternity refers to the legal father-child relationship. Life is complicated, and many people find themselves in situations in which the paternity of a child is uncertain or contested by a parent. Determining paternity and legally establishing the father-child relationship is crucial for many different reasons.
Confirming paternity provides an opportunity for a father to be involved in his child's life. Furthermore, establishing paternity is often the first step in securing child support - a crucial form of financial support for single parents. Paternity testing is frequently used to confirm whether a man is indeed a child's biological father.
When is Paternity Testing Necessary?
Paternity testing is needed when the father of a child (or potential father) is not named on the birth certificate or when there is doubt or uncertainty as to who the biological father of a child may be. Paternity testing can also help resolve disputes between unmarried parents and provide legal proof that an alleged father is, in fact, the biological parent. Paternity testing may also be used to confirm that an alleged father is not the child's biological parent.
Can a Divorced Parent Move with a Child Out of State?
In Texas, child custody is referred to as conservatorship. If a parent has sole managing conservatorship, he or she has sole decision-making authority over the child. This means that the parent can change the child's school, move him or her to a new residence, or make other decisions without the other parent's input.
If divorced parents have joint managing conservatorship, both parents have a right to be involved in their child's life and to make child-related decisions. Parents with joint conservatorship cannot move the child out of state without the other parent's consent. The other parent has the right to object to the move or ask for modifications, such as allowing them visitation rights in their home state.
Moving When Parents Share Custody
Parents who share custody are held to different standards than parents with sole conservatorship. If a parent with joint conservatorship wants to move, he or she will need permission from the child's other parent. If both parents agree to the move, they can submit a “Stipulation and Order” to the court and modify their parenting plan to account for the relocation. If one parent does not consent, then the parent who wishes to move can file a petition for relocation with their local family court.
When are Parental Rights Terminated in Texas?
Parents have certain rights and obligations under Texas law. Parents are expected to provide a safe home for their children and ensure that the children are adequately fed and taken care of, attend school, and receive medical care. Parents also have rights, including the right to make decisions about their child's upbringing and spend time with their child.
However, there are situations in which a parent's rights may be terminated, either voluntarily or involuntarily. Typically, the termination of parental rights occurs in the context of adoption.
Parents May Voluntarily Terminate Their Parental Rights to Allow an Adoption
Some parents recognize that they are not in a position to care for a child. They may be struggling with severe mental illness, substance abuse, or other personal problems that make them unable to provide a safe and stable home. For this reason, they may voluntarily consent to terminate their parental rights through the court so that the child can be adopted by someone else.
Three Situations in Which a Postnuptial Agreement May Be Beneficial
In a previous blog, we discussed the advantages of utilizing a prenuptial agreement to define property rights before getting married. Prenuptial agreements have long been the subject of skepticism, but more and more couples are recognizing the utility of such a document. Many family law attorneys are seeing an increase in the number of people requesting prenups – especially among the younger generation.
Postnuptial agreements are very similar to prenuptial agreements: They describe each spouse’s property rights and obligations in the event of divorce or the death of a spouse. However, a postnuptial agreement is signed after the couple has gotten married. Read on to learn about three situations in which a postnuptial agreement may be beneficial.
The Couple Owns Significant Assets
If either spouse in a marriage has significant wealth, a postnuptial agreement can help protect that wealth. Many people look into getting a prenuptial agreement after they experience a financial windfall. For example, a wife who inherits real estate from a deceased relative may wish to use a prenuptial agreement to classify the property as a non-marital asset. Property acquired through inheritance is generally considered non-marital property, however, countless circumstances can lead to transmutation. A postnuptial agreement ensures that the home does not become entangled with marital property and end up as part of the marital estate.
How Does Same-Sex Divorce Work in Texas?
On June 26, 2015, same-sex marriage was legalized across the United States. This means that same-sex couples who were married in a state that recognized their union are now able to get divorced in any state, including Texas.
Before 2015, things were a bit more complicated for same-sex couples who wanted to end their marriage. Some states did not recognize same-sex marriage, so these couples had to travel to a state that did in order to get married. This made getting divorced more complicated, as the couple would then have to return to the state where they were married in order to dissolve their union.
Now, same-sex couples can get married and divorced in any state. The divorce process is largely the same as it is for heterosexual couples. However, same-sex couples may still encounter legal and financial challenges when ending their marriages. If you are a same-sex couple who is considering getting divorced, it is important to seek out the help of an experienced family law attorney.
October is Domestic Violence Awareness Month: Know Your Rights If You Are a Victim
Domestic violence is something that many people sweep under the rug. Although abuse between spouses, romantic partners, and family members is common, many people are hesitant to discuss these matters publicly. October has been named Domestic Violence Awareness Month to bring these issues to light and help victims understand their rights and options.
If you have been abused by a current or former boyfriend, girlfriend, spouse, family member, or household member, know that you do not have to tolerate this behavior. There are court orders called protective orders available that can help you get out of an abusive relationship or living situation.
Protective Orders Available in Texas
A person who is a victim of family violence, abuse, sexual assault, stalking, or trafficking can file for a protective order. In Texas, there are different types of protective orders depending on the relationship between the victim and the abuser and other factors:
Discovering Hidden Assets in Your Parker County Divorce
Finances are inevitably a huge factor in a divorce case. Each party's income, assets, and debts influence the division of property, child support, and if ordered, spousal support. Both spouses are expected to be transparent about their finances. Unfortunately, some spouses attempt to hide assets in order to keep more for themselves after the divorce.
Finding Undisclosed Money and Property During Divorce
Undisclosed assets and false financial information can heavily influence the division of assets during divorce. If one spouse is caught hiding money or property, the other may be entitled to a greater share of the marital assets.
There are many ways that a spouse may try to hide assets. They might:
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Keep cash hidden in a safe place
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Have separate bank accounts that the other spouse does not know about
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Our firm serves clients in Weatherford, Parker County, and the surrounding areas, including Palo Pinto, Mineral Wells, Springtown, Azle, Aledo, Hudson Oaks, Anetta, Willow Park, Greenwood, and Brock, as well as communities in Tarrant County and Wise County.
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