Divorce is often described as a tearing or ripping process, rather than a simple separation and ending. While this description may be true to some extent, at the Law Office of Garrett C. Higley, PLLC we strive to minimize the emotional and financial disruption that is inevitably caused by the difficult process of divorce by employing a measured, holistic, and carefully tailored approach for each of our clients.
At our office we have found that it is crucial to maintain focus on certain key principles and aspects of divorce litigation when shepherding our clients through the process. First, a broad knowledge of the law governing divorce in Texas is critical. This requires staying current on the ever-evolving case law, amendments to the Texas Family Code, and other areas of law that might affect your family law case. The second prong of our approach is to employ a careful, creative strategy, specifically tailored to each client’s needs and to the needs of the case. We recognize that no two cases or clients are alike and therefore when working with our office your case will not fall prey to a cookie-cutter approach. The third and final prong of our approach is to nurture and support our clients personally. As you go through the trying and often complex divorce process, we partner with you and listen to your concerns, providing you with the resources you need to make it through the process and flourish. In addition, if your particular case demands professional assistance that extends beyond our professional qualifications, we work hand in glove with a closely curated list of therapists, drug and alcohol counselors, financial planners, and mental health professionals to ensure your support through the litigation process and beyond. This level of attention to detail is what you can expect from our office and what can make a major difference in the outcome of your case.
More than anything, it is our goal to provide you with the highest and most comprehensive level of service as you go through the difficult divorce process. Call and schedule a confidential consultation with Garrett C. Higley to discuss the details of your case and have any further questions answered.
Division of the Marital Estate
Community Property
Separate Property
Mixed Characterization Property
Reimbursement/Offsets
The most common reimbursement claim is a claim for reimbursement asserted by the community estate against a spouse’s separate property home for the reduction of the principle of the mortgage. For example, wife has a home she bought prior to marriage that is subject to a mortgage at the time of marriage. During the couple’s ten year marriage the community income of the couple is used to reduce the mortgage on wife’s separate property home. At the time of the divorce the community estate would have a right to seek reimbursement for the reduction of the principle of the mortgage on the wife’s separate property home.
On another note, a claim for an offset might occur for income produced by the benefited estate and enjoyed by the contributing estate. For example, wife had a separate property rental home she owned prior to marriage that was subject to a mortgage at the time of the marriage. Like above, the community estate reduced the principle of the mortgage over the course of the marriage. However, unlike above, the rental house produced rent that was enjoyed by the community. In this case, the court might decide that the reimbursement claim was partially or wholly offset by the benefit that the community enjoyed from the rental income.
While the Texas Family Code has codified a list of claims for reimbursements and offsets, this list is not exclusive and is still guided by equitable principles. Thus, it is important when presenting your claims for reimbursement and offsets to the court to keep in mind that what is fair and equitable is up to the judge; a dollar-for-dollar accounting is not required or mandated. It is therefore imperative that you select an informed and persuasive attorney to navigate this tricky landscape as to insure the best possible desired outcome for your case.
Fraud on the Community
In order for the presumption of constructive fraud (a.k.a a waste claim) to arise the claimant spouse must show that the other spouse: 1) disposed of community property, 2) at a time when the spouses were fiduciaries, 3) without the claimant spouse’s knowledge or consent.
In order to prove actual fraud the spouse asserting the claim must show 1) the other spouse transferred community property, 2) for the primary purpose of depriving the claimant of the property, 3) with dishonesty or intent to deceive, 4) which resulted in harm to the community estate.
If a claimant is able to demonstrate that either constructive fraud or actual fraud has occurred then they should be awarded a disproportionate share of the community estate. There are a number of factors that go into proving claims of fraud and if you think your spouse may have committed fraud, The Law Office of Garrett C. Higley, PLLC Can help you be successfully assert your claim.
Tracing of Separate Property Assets
At its core, tracing is a method used to reinforce the inception-of-title rule. When to utilize tracing, the method of tracing to employ, and the tests that must be met to successfully assert a separate property claim (or defend against one) can be tricky questions. Additionally, in order to successfully trace certain separate property, the employment of financial professionals and experts is frequently necessary. The Law Office of Garrett C. Higley is intimately familiar with when and how to employ the necessary tracing methods and has a number of financial professionals with whom we work to conduct thorough tracing so that we can present clear and convincing evidence to the court to support your complicated separate property claims.
Contact us for more information on:
- Premarital Agreements
- Post Marital Agreements
- Business Entities
- Trusts
- Employee Benefits
- Deferred Compensation
- Business and Property Valuation
- Disability, SSI and SSDI
- Informal Marriages