Archive for category Family Law
How hard is it to get an adult name change in a Texas court?
Posted by David Leon in Family Law on 24/07/2010
Adult name changes are governed by the Texas Family Code Sec. 45.102. Per the code, an adult may petition the court for a change of his or her name. If the person wishing to change his or her name has a felony conviction, then the court may allow the person to change his name, if the court finds that it is in the best interest of the person and the public. (The court will require that at least two years have lapsed since the completion of any applicable felony probation period or discharge.)
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
What is community property?
Posted by David Leon in Family Law on 05/07/2009
In the context of marital property, all property that is not specifically separate property is community property. Texas Family Code Sec. 3.002. A presumption of community property exists under Sec. 3.003.
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
What is separate property?
Posted by David Leon in Estate planning and probate, Family Law on 05/07/2009
Community property versus separate property deals with marriages. Texas Constitution Art. 16, Sec. 15 gives a lengthy explanation. The definitions are further spelled out in Texas Family Code Sec. 3.001.
All property, both real and personal, of a spouse owned or claimed before marriage is separate property. Further, property acquired afterward by gift, devise or descent, shall be the separate property of that spouse. Additionally, damages for personal injuries are considered separate property (with the exception of loss of earning capacity.)
For example, Bobby and Allison are about to marry. Before marriage, Bobby buys a boat. After marriage, Bobby’s uncle gives Bobby a car. Bobby’s aunt then dies, leaving Bobby a house. Because the boat was purchased prior to the marriage, it’s separate property. Because the gift of the car was a gift to Bobby, it’s separate as well. Finally, because Bobby received the house by inheritance, it’s also Bobby’s separate property. If Bobby gets into a car wreck and receives a check for settlement of his personal injury, that would be (in most instances) his separate property as well.
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
I figured out my ex-(spouse/employer/friend)’s computer password. What happens if I log into their account?
Posted by David Leon in Criminal Defense, Family Law on 05/07/2009
This conduct is covered by Sec. 33.02 of the Texas Penal Code “Breach of Computer Security.” (Depending on what happened after the breach, there may be other issues as well.)
Merely accessing the information is a Class B misdemeanor. If a harm occurs (such as a file being altered or deleted) or a benefit to the actor occurs (such as accessing financial accounts) the level of offense escalates. To calculate the offense, the State may aggregate all conduct.
For example, if Joe breaks into his ex-boss’s computer once and does nothing, it may be a misdemeanor. If Joe then breaks in three more times, and deletes files, or steals money, all four actions may be taken together to determine the appropriate level of offense.
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
I have a child support lien. Is the exempt personal property protected from attachment?
Posted by David Leon in Family Law, Litigation and judgments on 28/06/2009
The Chapter 42 exempt personal property protections do not apply to child support liens, per Sec. 42.005.
CHILD SUPPORT LIENS. Sections 42.001, 42.002, and 42.0021 of this code do not apply to a child support lien established under Subchapter G, Chapter 157, Family Code.
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law on 15/02/2009
Possibly. If you meet the statutory requirements for being a common law marriage at the time the policy was purchased, and community funds were used to purchase the policy, then the policy may be considered community property. The surviving spouse would be considered a one-half owner. These tend to be fact specific matters. Please contact us if you would like to discuss this further.
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
Are insurance policies generally characterized as separate or community in Texas?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law on 15/02/2009
Texas follows “inception of title” when classifying life insurance proceeds. This means that ownership of the policy is established by the source of funds for the first premium. If that premium was paid prior to the marriage or with separate property, then the policy may be considered separate property. This is a highly technical area of law, and matters are case-specific. Please contact us if you would like to discuss a matter further.
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law, Litigation and judgments on 15/02/2009
In Texas, a life insurance policy that is purchased after a person is married, and community funds were used to pay for it, then the surviving spouse may have an ownership interest in the policy. However, a spouse way waive rights to the policy by signing a waiver. If your spouse had designated another as the beneficiary of a life insurance policy without your consent, or if you have questions, please contact us at 214-696-0021
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
Does Texas law recognize a “common law” or informal marriage?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law on 15/02/2009
Yes. Texas law recognizes informal marriages. This issue most often after the death of one spouse, where the surviving spouse is attempting to prosecute a claim or where a surviving spouse is seeking a death related benefit from the deceased spouse.
The elements of a common law marriage are that a couple (1) agreed to be married, (2) lived together as husband and wife, (3) represented to others that they were husband and wife, (4) were more than 18 years old and (5) neither party was already married.
If a person is attempting to prove the existence of an informal marriage, then that person should do so within two years of the date the marriage ended (by either abandonment or death), as the burden of proof will shift.
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
I would like to change my name.
Posted by David Leon in Estate planning and probate, Family Law on 15/02/2009
Texas law allows adults to change their names, pursuant to a court order. The applicant must be an adult and not subject to registration requirements of the Texas Penal Code. If the person has a criminal record greater than a class C misdemeanor, then the change is up to the discretion of the court. The name change does not change any obligations of the person, and must not be made for the purpose of defrauding creditors. Our office has handled numerous name changes for adults.
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
Our homestead is my separate property. May I sell or take a loan against it without my spouse’s permission?
Posted by David Leon in Estate planning and probate, Family Law, Real Estate Law on 15/02/2009
Generally, no. Whether the homestead is the separate property of either spouse or community property, neither spouse may sell, convey, or encumber the homestead without the joinder of the other spouse, unless there is a special circumstance.
(Texas Family Code Sec. 5.001)
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
My spouse moved out, and I stayed in the house. Will I lose my homestead protection?
Posted by David Leon in Family Law, Real Estate Law on 15/02/2009
No. “If a homestead claimant is married, a homestead cannot be abandoned without the consent of the claimant’s spouse.” Per Texas Prop. Code Sec. 41.004
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
-
You are currently browsing the archives for the Family Law category.
The Leon Law Firm Dallas, Texas & NY, NY Business Lawyers (214) 696-0021
This is the Dallas, Texas law firm of David L. Leon, P.C.
Looking for the New York office of David L. Leon?
Please call me:
Or click here for Instant Messaging with our office (office hours only)
Translator
Friday, September 3, 1:50 am