Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Complex Marital Estates in Texas

ATTORNEYS IN DALLAS

When a court divides property in divorce, it deals with three marital estates: the community estate, your separate estate, and your spouse's separate estate.

Complex Marital Estates

In Texas, property acquired by either spouse during the marriage is typically considered community property. Property includes real estate, business interests, and bank accounts. Although the law regarding community property is intended to simplify property division during divorce proceedings, the process can become challenging when dealing with complex marital estates. If you are planning to divorce and have considerable assets with your spouse, it is recommended that you seek the assistance of experienced legal professionals who can help you secure a fair and just distribution of your marital property.

Premarital Agreements

When one or both parties in a marriage have substantial assets, property, or business interests, they may choose to sign a prenuptial agreement before getting married. Although prenups are intended to simplify the process of dividing assets in the event of a divorce, a poorly drafted or executed agreement may be challenged and declared invalid. For instance, if one party failed to fully disclose their financial obligations before signing the agreement, the other party may argue that the agreement is invalid and unenforceable. If you have a prenuptial agreement and are seeking a divorce, it's advisable to consult with a knowledgeable family law attorney who can review the agreement's validity and anticipate any issues that may arise during the divorce proceedings.

Transmutation of Property in Divorce Cases

Even if property is characterized as either separate or community at the time it is acquired, the nature of the property can change throughout the marriage due to transmutation. Transmutation refers to the conversion of property from separate to community or vice versa. This conversion may result from an agreement or gift between spouses, but it's more frequently due to the merging of assets. For instance, if one spouse has a home that is considered separate property, but community funds are utilized to make substantial repairs or upgrades to the property, it may become a community asset. When the nature of property is uncertain or contested, it may be necessary to hire a forensic accountant to track the property's origins and determine its proper classification.

Business Valuation in Divorce Cases

In a divorce involving a complex marital estate, the ownership of a business interest can further complicate matters. If the business is considered community property, evaluating its worth can be challenging. Texas law provides several approaches for determining a business's value, but the parties may have different opinions on which method is most suitable. Even if the parties agree on the value of the business, they may still disagree on how to divide it and whether one party should maintain control over it.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

The division of marital property is usually one of the primary issues of dispute in a divorce case. When dealing with complex marital estates or disagreements over the classification of specific assets, discussions between the parties can turn adversarial. If you plan on filing for divorce in Dallas, seeking legal representation as early as possible is advisable. The reliable divorce lawyers at Wilson Whitaker Rynell will advocate for you and protect your rights. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
A woman is sitting at a desk using a laptop computer.
By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
A little girl is sitting on a rope swing.
By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
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