Trust asset may or may not be affected by a divorce. Trusts take on many different forms, with different provisions regarding the purpose of the trust and they type of distributions to the trust beneficiaries that the trustee may, or must, make. The words in the trust document will be critical in determining how the trust will be affected by a divorce process.
It is essential that you have an attorney who understand how the trust, and the distributions from it, are implicated by the community property laws of the State of Texas. If you or your spouse are going through a divorce with a trust ...
Characterizing property as “community” or “separate” can be one of the most critical aspects of the divorce process. Texas law defines separate property as property that was acquired before marriage, property that was acquired by gift or inheritance, or property that was required for personal injuries sustained by one spouse during the marriage. All other property that is acquired by either spouse during marriage is community property.
Community property belongs equally and entirely to both spouses; however, separate property belongs to only one of the spouses. This ...
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Family law can be complicated.
This blog contains some of the most common questions that our family law attorneys receive. Search or click below to learn more about common family law issues regarding divorce, child custody, adoption, and CPS.