If you’re getting a divorce in Texas, you should know that the state is a community property state. This means that all of the marital assets you share with your spouse will need to be divided equally upon divorce unless you come up with a different arrangement. If you currently have oil, gas and mineral rights, that division could be complex. Oil, gas and mineral rights are also considered to be real property, so they will be divided similarly to any other assets in your possession. Can you protect your oil, gas or mineral rights against property division? Yes,…

In high asset divorces, it’s not uncommon for one spouse to be financially dependent upon the other — and that makes spousal maintenance (commonly called “alimony”) an issue. But spousal maintenance in Texas is not an automatic right. So, how do you know if you are eligible for spousal maintenance, and how do you know how much you will receive? Support can be ordered by the court or determined by agreement To obtain court-ordered spousal maintenance, the dependent spouse must prove that they lack the necessary income and assets to meet their minimum monthly expenses. Plus, they must prove at …

Figuring out how to divide your property can be the hardest part of your divorce. The more unique and valuable your property is, the more likely you and your spouse are to disagree about the right way to split it in your upcoming divorce. Possessions can sometimes require an appraisal by a professional. If you have a work of fine art, for example, bringing in someone with knowledge about the genre or artist can help you determine the fair market value for the art. What happens when the art is newer and possibly not even physical? Cryptoart or digital art…

Finding a fair way to split up your property is often a major concern in a Texas divorce. You and your spouse probably both have invested a lot of your time and income into the shared resources that you now need to find a way to split. It can be difficult for couples to review their household finances and determine what is reasonable and fair. Some property is much harder to divide than others. Items with significant emotional value for either spouse can present a challenge. The same is true of property with unclear financial value. If you or your…

Couples going through a divorce typically handle the house in one of two ways. Either one spouse keeps the house and gives the other some of the equity, or they agree to sell the house and split whatever they make from the sale. Although it is rare to hear about it, there are situations where couples decide to retain joint ownership of the house even after divorce. Although joint ownership with your ex might seem like a nightmare situation, there are actually two very reasonable explanations for why a couple with children might agree to retain joint ownership of the…

There’s been a steady movement toward equally shared custody of children after divorce in this country. Under Texas law, the default is still a 75/25 split. A bill currently in the Texas legislature would change that to 50/50.  House Bill 803, however, has yet to even receive a committee hearing. That doesn’t bode well for its chances of getting to a vote before the legislature, which is in session only every other year, adjourns at the end of May. Why moms and dads are fighting for the bill Although the current 75/25 split typically gives mothers a greater amount…

Your spouse tells you that they don’t want to get divorced. They blame you for the way the marriage is ending. You can tell that they’re frustrated and angry, and you worry that they’re looking to get even. One of the most common ways that people do this is by hiding assets. Your spouse knows that he or she has to divide those assets with you in the divorce. By hiding them in advance, your spouse essentially hopes to steal your share of the assets from you. This is malicious and illegal, but it happens all the same.  How do…