Topic
Separate Property
50 published works
Dallas Divorce Law Blog
The Inception of Title Rule – A Primer.
By Paul McGrath
Frequently I receive a lot of questions regarding how to prove the character of a certain piece of property. Recall that community property in Texas is defined in the negative…
Dallas Divorce Law Blog
Question to Dallas Divorce Lawyer: My spouse got in a car wreck, can they take my separate property?
By Paul McGrath
Recently I had a potential client present the following scenario to me. Wife was involved in an at-fault car accident. Wife is sued by the other driver. Husband is concerned…
Dallas Divorce Law Blog
How to Divide Marital Property in a Dallas, Texas Divorce
Part of any divorce in Dallas Texas is dividing the marital estate. A marital estate includes both the assets and debts that are considered community property and does not include…
NJ Family Legal Blog
The Commingling of Separate Assets with Marital Property in Equitable Distribution
New Jersey's Equitable Distribution Statute guides courts to consider several factors in deciding how to distribute property upon the dissolution of a marriage. For instance, courts consider, among other factors, the…
NJ Family Legal Blog
Separate Property – Prove It or Lose It
One of the things that we were reminded of from the McGreevey divorce is that if a party claims that an asset is exempt from equitable distribution, they have the burden of…
Virginia Family Law Journal
What Property Rights Are Created by Marriage and Divorce in Virginia?
By Rob Hagy
What property rights are created by marriage and Divorce? Virginia statutes now provide for the "equitable" distribution of the marital property between the parties at the conclusion of the divorce.…
Virginia Family Law Journal
Husband’s Quit Claim Deed Renders Marital Residence Wife’s Separate Property
By Rob Hagy
In the case of Nogomondjami v. Ermarth, the Fairfax Circuit Court ruled that when Husband signed a quit claim deed of the marital residence to Wife that it caused the…
Virginia Family Law Journal
Court Properly Traced Separate Property Contributed to Home
By Rob Hagy
In the case of Tesfay v. Tesfay, the Virginia Court of Appeals, in an unpublished decision, ruled that the trial court did not err in tracing $28,000 as a separate…
Family Law Prof Blog
Case Law Developments: Refinancing Not Per Se Transmutation of Separate Property
By Family Law
Wiese v. Wiese, 2005 Va. App. LEXIS 322 (Aug. 23, 2005).The Virginia Court of Appeals joins the courts in Ohio and Idaho in holding that refinancing does not per se…
Virginia Family Law Journal
Legal Malpractice Suit Proceeds Separate Property
By Rob Hagy
A California court has held in the case of In Re in the Marriage of Klug that the proceeds of a legal malpractice action constitute separate property where the cause…