Texas Court Denies Ex-Wife Postjudgment Interest on Accounts Awarded in Divorce
McClure Law Group | Texas Divorce Attorney Blog
by Kelly McClure
2w ago
Appeals of a Texas divorce can be lengthy and may sometimes result in a significant delay in a party receiving the assets they were awarded in the decree.  In some cases, courts may award postjudgment interest on a money judgment.  In a recent case, a Texas appeals court considered whether an award of a brokerage account in a divorce property division authorized postjudgment interest. Case History According to the appeals court’s opinion, the parties got married in the early 1990s and divorced in 2018.  The decree awarded the wife two investment accounts, together valued at $548 ..read more
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Texas Appeals Court Rejects Challenge to Jury Charge in Divorce Case
McClure Law Group | Texas Divorce Attorney Blog
by Kelly McClure
2M ago
In a jury trial, the court must submit to the jury the instructions and definitions needed for it to render a verdict.  The court cannot comment directly on the weight of the evidence, but an incidental comment on the weight of the evidence may be acceptable.  Tex. R. Civ. P. 277. A husband recently appealed his divorce decree, arguing the trial court erred in failing to give a requested jury instruction and improperly commenting on the weight of the evidence. The Trial According to the appeals court, the husband petitioned for divorce in August 2019, seeking a disproportionate share ..read more
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Fraud on the Community in Texas Divorce
McClure Law Group | Texas Divorce Attorney Blog
by Francesca Blackard
2M ago
Spouses have a fiduciary duty toward each other with regard to the community estate and commit fraud on the community if they breach a legal or equitable duty in violation of the fiduciary relationship.  Fraud on the community often occurs when assets are transferred to a third party, but can also occur when it is unaccounted for. If a court determines a spouse committed fraud, it must determine the amount the community estate was depleted and the total value it would have had absent the fraud.  The trial court then divides the reconstituted estate in a just and right manner, which m ..read more
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Texas Court Made Improper Substantive Change to Property Division with Order Striking Dollar Amounts
McClure Law Group | Texas Divorce Attorney Blog
by Kelly McClure
2M ago
A trial court in a Texas divorce retains subject matter jurisdiction to enforce a decree or to clarify ambiguity in the decree.  Texas strongly favors finality of judgment, so the court may not make substantive changes to the property division in a divorce decree once it has become final.  The court does not have the authority to “amend, modify, alter, or change” the final property division despite errors in characterizing the property or applying the law.   The court may, however, issue orders to clarify an ambiguous decree or to enforce the decree.  A court interpret ..read more
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Texas Appeals Court Concludes “Build Provision” in Divorce Decree Not Ambiguous
McClure Law Group | Texas Divorce Attorney Blog
by Francesca Blackard
3M ago
A Texas divorce decree provision that was agreed upon by the parties is construed according to contract principles.  In interpreting the contract, the court considers the entire agreement.  Words are given their plain meaning unless there is an indication the parties intended something else.  A contract is not ambiguous if it can be interpreted with a definite legal meaning.  It is ambiguous if it is subject to more than one reasonable interpretation.  Generally, a court may only consider outside evidence to interpret an ambiguous contract.  A husband recently cha ..read more
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Redistribution of Assets Was Modification and Not Enforcement of Texas Divorce Decree
McClure Law Group | Texas Divorce Attorney Blog
by Kelly McClure
3M ago
A trial court may vacate, modify, correct or reform its judgment or grant a new trial within 30 days after the judgment is signed.  Tex. R. Civ. P. 329b.  Additionally, if a party files a timely motion, the trial court has the power to take those same actions until 30 days after any timely motions are overruled by an order or operation of law.  The court’s plenary power generally expires 30 days after the final judgment is filed if there is not a timely post-judgment motion. Courts generally retain continuing subject-matter jurisdiction to clarify and enforce the property divisi ..read more
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Clarification and Enforcement of Texas Property Division
McClure Law Group | Texas Divorce Attorney Blog
by Kelly McClure
4M ago
A court must order a just and right division of the marital estate in a Texas divorce.  Once the divorce is final and the property has been divided, the property division generally may not be re-litigated.  The trial court does, however, retain the power to clarify and enforce the division.  Tex. Fam. Code § 9.002; Tex. Fam. Code § 9.008. The court may not alter or change the substantive property division, but may render additional orders to enforce, clarify, assist in implementing, or specify the manner of effecting the property division. Tex. Fam. Code § 9.006.  A former ..read more
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Texas Appeals Court Affirms Disproportionate Property Division
McClure Law Group | Texas Divorce Attorney Blog
by Francesca Blackard
4M ago
The court in a Texas divorce must make a just and right division of the marital estate.  The estate does not have to be equally divided if there is a reasonable basis in the record for an unequal division.  A former husband recently challenged, for the second time, the property division in his divorce. The First Appeal In his first appeal, the husband argued the trial court erred in its property division by including the value of a condominium that he claimed belonged to his father.  The appeals court concluded the condominium belonged to the husband, wife, and the husband’s fat ..read more
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Parties to a Texas Informal Marriage Must Represent Themselves as Married
McClure Law Group | Texas Divorce Attorney Blog
by Kelly McClure
4M ago
When a person seeks divorce from an informal marriage, they often must prove the informal marriage existed.  To prove a Texas informal marriage, the party must show by the preponderance of the evidence that the couple agreed to be married, subsequently lived together in Texas as spouses, and held themselves out to others as married.  Tex. Fam. Code § 2.401. A man recently appealed summary judgment in his divorce case on the ground he had not raised an issue of fact as to the existence of an informal marriage. Divorce Case The petitioner filed for divorce in November 2021, alleging th ..read more
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Texas Appeals Court Reverses Spousal Maintenance Award
McClure Law Group | Texas Divorce Attorney Blog
by Francesca Blackard
5M ago
Trial courts are permitted to award Texas spousal maintenance in only limited circumstances.  If the spouse meets the eligibility requirements for maintenance, the court must consider a number of factors to determine the nature, amount, and duration.  Tex. Fam. Code § 8.052. Spousal maintenance is limited to the lesser of $5,000.00 or 20% of the spouse’s average monthly gross income. Certain items are excluded from “gross income,” including service-connected Veterans Affairs disability payments, supplemental security income (“SSI”), social security benefits, or disability benefits. T ..read more
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