Mental health care professionals are increasingly being called into depositions and court hearings to provide records and testimony concerning treatment provided to their clients. Whether you like it or not, clinical notes — including computer files — cannot be fully protecte…

Read more

As you have learned from reading our blogs, you know that property is not automatically divided 50-50 in a Texas divorce. The divorce court is instructed by statute to divide the property in a “just and right” manner. That means the court is supposed to put fairness front a…

Read more

Lately, we’ve been getting more questions from current clients about home ownership during a divorce. Not every circumstance is the same but there are certain similarities to every case. Maybe this scenario describes your situation. You and your significant other – your SO, …

Read more

Your residential homestead, assuming it is not owned by a third party, can be owned 1) by you as your separate property; 2) by your spouse as your spouse’s separate property; 3) by the community estate of you and your spouse; or 4) a combination of some or all of the three esta…

Read more

Who is Liable for What?
It is important for you to understand the concept of personal liability on debts, which is almost certain to be important in the resolution of your divorce. Your goal will be to put yourself into the most protected position possible with regard to unpaid …

Read more

Many companies compensate employees with stock awards, stock option, annual bonuses, and other such items. To the extent these employee benefits, or even a portion of them, are attributable to employment by that company during marriage, then that portion is community property su…

Read more

Divorce and Mortgage
Whichever of you or your spouse is awarded the family residence will almost certainly also be awarded the mortgage against it and ordered to assume all liability for payment on it moving forward. Occasionally, the person receiving the property will also be o…

Read more

There is danger lurking in a joint bank account. Both you and your spouse will be personally liable for any fees, charges, and overdrafts. It is not good enough to open a new account and have your pay directly deposited into your new account. You will remain at risk until the joi…

Read more

The community estate owns all the property acquired through the time, toil and effort of both spouses during marriage. Thus, to the extent you have participated in any retirement plans through your employment during marriage, the resulting interest in the plan is community proper…

Read more

The best ways to protect your separate property are by way of premarital and postmarital contracts, but those require the written agreement of both you and your spouse. There are things you can do on your own which will help keep your separate property financial assets separate.
…

Read more