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Income from Gifts During Marriage

Income from Gift between Spouses = Separate Income or property arising from a gift between spouses remains the separate property of that receiving spouse. Income from Gift from 3rd Party = Community However, income or property arising from gift by…

Rebuttable Presumptions of Separate Property

Though property purchased during the marriage is presumed community property, a rebuttable presumption of separate property may apply when acquiring real estate during marriage as follows: Purchased During Marriage, One Spouse Named as Grantee. A deed from one spouse naming…

Rebuttable Presumptions of Separate Property

Though property purchased during the marriage is presumed community property, a rebuttable presumption of separate property may apply when acquiring real estate during marriage as follows: Purchased with Separate Property, But Both Spouses Named as Grantees. When the purchase is…

Rebuttable Presumptions of Separate Property

Though property purchased during the marriage is presumed community property, a rebuttable presumption of separate property may apply when acquiring real estate during marriage as follows: Separate-Property Recitals: If the deed includes a “separate property recital”, the property is presumed…

Characterizing Railroad Retirement Benefits

Railroad employees are not eligible for social security and their retirement benefits are divided into Tier 1 and Tier 2 benefits. Tier 1 Benefits Not Subject to Characterization. Tier 1 benefits are basically equal to the amount the railroad employee…