Category: Property Division

The short answer is, no it does not have to be sold and is usually not sold. The discussion about the family home can be an emotional one for a divorcing couple. There are many considerations and arguments for and against selling, but what happens if the parties cannot reach an agreement? Generally speaking, in …

Transcription below: Good morning, I’m Marivonne Essex, and I am the Red Headed Lawyer. I want to talk to you today about some common misconceptions that people have about property division in Texas. These are the things I see when people come in to talk to me about getting a divorce. Property division in Texas …

Back in 1970, Texas became one of the first states to offer couples a less confrontational, less expensive way to end a failed marriage. It was known as “No Fault” Divorce, and many at the time believed it would be a disastrous social experiment with American families. However, there is evidence now suggesting that rather …

People just can’t help it. Even the most congenial divorces usually involve some level of hurt feelings and rejection. And then things can quickly deteriorate into a legal tangle worthy of a Grisham novel. True congenial divorces are pretty rare. And even if the two parties get through the initial emotional trauma, logistical issues, and …

In most divorce cases, the marital home is the largest jointly owned asset and is subject to division per the Texas community property laws. Unlike other community property states, Texas judges are not required to divide property settlements in a straight 50-50 ratio. Instead, assets can be divided in a “just and right fashion,” which …

There are many common myths concerning divorce in the state of Texas, which include: If I get the kids 50 percent of the time, I won’t have to pay child support. Texas has a no-fault divorce system, so my affair is irrelevant. Texas doesn’t have alimony. I bought it with my earnings, so it’s mine. …