Services
Our firm has most often been engaged to perform the following services; however, we recognize every engagement is unique and may require different services. Please feel free to reach out to us to see if we can assist you with something other than what is listed below.
Services
Our firm has most often been engaged to perform the following services; however, we recognize every engagement is unique and may require different services. Please feel free to reach out to us to see if we can assist you with something other than what is listed below.
Tracing and Characterization
The Texas Family Code recognizes separate property assets depending on how and when they were acquired, and these assets can quickly become comingled with community assets. We work with our clients to identify potential separate property claims and work through the tracing process to determine asset inception, movement, current existence, and ownership.
For example, a spouse may have a retirement account prior to marriage, which would presumably make this a separate property asset of the spouse. However, if the retirement account received earnings or contributions during the marriage, community property is now presumed to exist within the account. This comingling of separate property and community property within the account requires that the account be traced and characterized to determine the respective ownership of the account between the separate estate of the spouse who owned the account prior to marriage and the community estate.
Tracing and Characterization
The Texas Family Code recognizes separate property assets depending on how and when they were acquired, and these assets can quickly become comingled with community assets. We work with our clients to identify potential separate property claims and work through the tracing process to determine asset inception, movement, current existence, and ownership.
For example, a spouse may have a retirement account prior to marriage, which would presumably make this a separate property asset of the spouse. However, if the retirement account received earnings or contributions during the marriage, community property is now presumed to exist within the account. This comingling of separate property and community property within the account requires that the account be traced and characterized to determine the respective ownership of the account between the separate estate of the spouse who owned the account prior to marriage and the community estate.
Our firm has been engaged to trace and characterize the following types of marital assets.
- Bank Accounts
- Brokerage Accounts
- Retirement Accounts
- Stock Options
- Restricted Stock Units
- Performance Awards
- Business Interests
- Real Property
Our firm has been engaged to trace and characterize the following types of marital assets.
- Bank Accounts
- Brokerage Accounts
- Retirement Accounts
- Stock Options
- Restricted Stock Units
- Performance Awards
- Business Interests
- Real Property
Reimbursement
& Waste Claims
The Texas Family Code allows consideration for a claim of reimbursement for specified unjust enrichments between estates.
For example, a common reimbursement claim asserted by a community estate against a separate estate is for community funds used to pay mortgage payments on a home owned by one of the spouses as their separate property estate residence.
Our firm has been engaged to identify and quantify funds that would allow for a potential reimbursement claim.
Reimbursement & Waste Claims
The Texas Family Code allows consideration for a claim of reimbursement for specified unjust enrichments between estates.
For example, a common reimbursement claim asserted by a community estate against a separate estate is for community funds used to pay mortgage payments on a home owned by one of the spouses as their separate property estate residence.
Our firm has been engaged to identify and quantify funds that would allow for a potential reimbursement claim.