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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…

Characterizing Employee Benefits (Non Federal)

Stock Options & Restricted Stock Plans. Characterization of employer provided stock options and restricted stock are governed by a formula expressed in Tex. Fam. Code § 3.007 (d) – (e). Each grant of a stock option or a restricted share…

Nail v. Nail, 486 S.W.2d 761 (Tex. 1972)

Professional & Personal Goodwill Professional or personal goodwill attaches to the person and does not exist apart from the individual’s skills, rather than the trade or the business due to that person’s professional skill or ability. As a result, professional…

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