Texas couples may have to revisit property division in petition

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Thursday, September 13, 2012.

Property division in Texas can be a complicated process for any divorcing couple. But it can be really difficult when one party believes that the property division may have been unequal — just after the divorce settlement has been decided. This has been the case for one couple who, after figuring out a property division agreement, is going back to revise the settlement, as well as adjusting child custody and support payments.

The discrepancy started after the ex wife realized that the property that had been set aside for her by the court had been described to her as having the second mortgage paid. However, she quickly discovered that this was not the case and that a significant amount was still owed. Since then, she has tried to take her name off the mortgage. However she asserts that her ex-husband has not taken her name off the mortgage.

In addition to this, she claims that her ex-husband, who is a politician, has campaign funds that he uses as ordinary income. Although doing this increased his personal wealth, she claims that he shared none of the proceeds with her. Because of this, she has called the settlement inadequate and would like to revisit the arrangement in a petition.

The ex-husband has not publicly responded to these allegations, and it is uncertain how the request for the petition will turn out. However, their dispute is not totally unique. Sometimes couples find that what they hoped to arrange has somehow fallen short of their expectations, whether due to a spouse hiding assets or some other reason. For couples who are looking to revisit a settlement, it may be helpful to speak with an attorney.

Source: Desoto Times Tribune, “Davis’ divorce at issue,” Robert Lee Long, Aug. 28, 2012

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