The Texas Supreme Court in the case of In re. J.Y.O., 709 S.W.3d 485 (Tex. 2024) held that a discretionary bonus paid to a spouse after divorce for work performed during marriage is community property. In divorces where a spouse usually is paid a bonus for work done during the prior year, the bonus should […]
That two year domestic violence protective order may last longer than two years if the respondent has a pending divorce, suit affecting the parent-child relationship, or criminal case arising from the family violence. The 2025 Legislature amended Tex. Family Code Sec. 85.025 to say that a protective order is effective until the second anniversary of: […]
The case of In re Marriage of McCoy & Els, 488 S.W.3d 430, 435 (Tex. App.-Houston [14th Dist.] 2016, no pet.) applied the pre-2023 reimbursement law but it is still probably applicable because both the old and new reimbursement statutes apply an “enhancement of value” measure to claims arising from improvements. The court in this case […]
A 2024 decision says once again that evidence of the costs of improvements on a separate property house does not prove the amount the property’s value was enhanced because of the improvements. The court in Vasquez v. Bailey, No. 03-22-00290-CV (Tex. App. – Austin, 4/25/2024)(mem. op.) stated: Although Father introduced evidence about the costs of the […]
In a case where the husband sought reimbursement for his separate estate paying the mortgage on a community property house, the court in Day v. Day, No. 04-23-00476-CV (Tex. App. – San Antonio, 6/20/2024)(mem. op.) held: In the present case, the marital home was purchased during the marriage, and the parties do not dispute that the […]
An October 2024 opinion says that a waste claim is not a reimbursement claim and holds that pleadings are required to recover on a waste claim. The court in Mohammed v. Mohammed, No. 02-23-00449-CV (Tex. App. – Fort Worth, 10/10/2024)(mem. op.) stated: From a procedural standpoint, it is axiomatic that “a judgment must be supported […]
An October 2024 opinion held that it was error to reduce the value of a community property house by 8% in the trial court’s property division calculation when the house was not going to be sold. The court in Sloan v. Sloan, No. 02-23-00361-CV (Tex. App. – Fort Worth 10/17/2024)(mem. op.) held: In the trial […]
The maximum amount of child support in Texas usually calculated in most cases will increase on September 1, 2025 to: 1 child $2,340 2 children $2,925 3 children $3,510 4 children $4,095 The Texas Attorney General announced in the Texas Register on August 15, 2025 (Vol 50, no. 33)” “Effective September 1, 2025, the guidelines for […]
Court orders often use terms such as “personal property” and “personal effects.” These phrases have specific meanings in Texas. Personal Property In re Estate of Hunt, 597 S.W.3d 912, 916 (Tex. App.-Houston [1st Dist.] 1994, no pet.) held that “Personal property” has a well-established technical legal meaning and “encompasses everything other than real property.” Real […]
Yet another case holds that a refinance of the mortgage during the marriage on a spouse’s separate property house does not change the separate property nature of the asset. The opinion in Despain v. Despain, 704 S.W.3d 866 (Tex. App. – Austin 2024, pet. __) states: The fact that the parties refinanced the Property with […]
