Month: August 2010

High Asset Divorce

Community property is a difficult concept to understand.  Just because something is brought into the marriage does not mean that it will always completely remain separate property.  The interest that accrues on a separate property asset is community property. When...

Repossession of your Auto

There is a difference between a secured creditor and an unsecured creditor.  A secured creditor is a creditor that you owe money to who can take property away from you if you fail to pay them what they are owed.  Examples are car loans, mortgage loans, and some...

Defenses to Crimes

First and foremost the best defense to any criminal allegation is that the defendant does not have to play offense. There is a presumption that the defendant is innocent, and the jury will be instructed on the presumption of innocence. The judge also admonishes the...

Who does my child want to live with?

The current law provides for a child to actually state a preference to his caretaker pursuant to the Texas Family Code Section 153.008.  That law allow a child to file his/her preference with the Court, if the child is 12 years of age or older.  The statute states as...

Probation Problems

There are essentially two types of probation.  One is regular probation.  If the court grants a person probation, then they avoid incarceration altogether as long as county jail time is not a condition of probation.  As long as the probationer does not break the law...

Unsecured Debt

Americans are having a difficult time in this recession.  The unemployment rate is sky high, and many are forced to live off of their credit cards.  The biggest problem is that when we borrow from our credit cards, the amount that is borrowed is substantially...

Credit Card Debt and Bankruptcy

Filing bankruptcy can allow a debtor to discharge his or her unsecured non-priority lines of credit and credit card debt.  It also can enable someone who is burdened with overwhelming medical bills to receive relief from those debts.In today's economy and recession,...

Fraud on the Community

In Schlueter v. Schlueter, the question was answered of what remedies are available to a spouse alleging "fraud on the community" committed by the other spouse. In that case, the husband transferred various community assets to his father shortly before he filed for...

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