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Texas Law Resources

Travis County Standing Order

by James Evans - July 24th, 2015

To download a copy of the Travis County Standing Order, click here.

Income from Gifts During Marriage

by James Evans - December 31st, 2010

Income from Gift between Spouses = Separate Income or property arising from a gift between spouses remains the separate property of that receiving spouse....

Rebuttable Presumptions of Separate Property

by James Evans - December 30th, 2010

Though property purchased during the marriage is presumed community property, a rebuttable presumption of separate property may apply when acquiring real ...

Characterizing Railroad Retirement Benefits

by James Evans - December 29th, 2010

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 Sub...

Characterizing Employee Benefits (Non Federal)

by James Evans - December 29th, 2010

Stock Options & Restricted Stock Plans. Characterization of employer provided stock options and restricted stock are governed by a formula expressed i...

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

by James Evans - December 28th, 2010

Professional & Personal Goodwill Professional or personal goodwill attaches to the person and does not exist apart from the individual’s skills, rat...

Property Not Subject to Characterization (Post Divorce)

by James Evans - December 28th, 2010

Future wages + post divorce efforts required = expectancy interest Expectancy Interests generally not subject to characterization. Future wages are gener...

Property Not Subject to Characterization (Professional Goodwill)

by James Evans - December 27th, 2010

Professional Goodwill Professional or personal goodwill attaches to the person and does not exist apart from the individual’s skills, rather than the tr...

Property Not Subject to Characterization

by James Evans - December 27th, 2010

General Rule: Property of A Partnership. Generally, property of the partnership is owned by the partnership and not subject to being characterized as eith...

Non Divisible Benefits (Social Security)

by James Evans - December 24th, 2010

Social Security Benefits Social Security Benefits are preempted by federal law from being characterized as community property. Richard v. Richard, 659 S.W...

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