Marivonne R. Essex, "The Red Headed Lawyer"
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Posted April 17th, 2019 | by The Red Headed Lawyer

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

Posted April 30th, 2015 | by The Red Headed Lawyer

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

Posted October 10th, 2014 | by The Red Headed Lawyer

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.

Posted June 27th, 2014 | by The Red Headed Lawyer

As a family law attorney, my areas of expertise include divorce, child support and other family related matters. I also do basic wills and probate. Occasionally, however, I have a family member or close friend who needs advice on another type of law. When that happens, I research the problem and give them my limited

Posted June 19th, 2013 | by The Red Headed Lawyer

During a divorce, the family home is usually the largest and most difficult asset to manage. What to do with the home is one of the most challenging questions a divorcing couple will have to answer. If one party owned the home before the marriage, or received it as part of an inheritance or gift,

Posted January 29th, 2013 | by The Red Headed Lawyer

Q: During a divorce, do you know how to get your name off the mortgage, if you’re not the one staying in the house? A: It is a common scenario when a divorce is pending.¬†One spouse wants to stay in the family residence, the other agrees (usually cannot afford the mortgage on one income), and