Though Houston’s housing market is reportedly doing better than anywhere else across the country, many of my clients are feeling the pinch when trying to sell the marital residence and establish a new residence for themselves.
A recent article in the San Diego Union Tribune reported that many couples are becoming reluctant roommates because they simply cannot afford to live apart. The article addresses some creative solutions.
There are few divorce cases where extreme emotions such as anger, bitterness and fear do not impact the parties. The important part is managing emotions in a way that does not damage either spouse or the children.
In a heated New York divorce case, the wife made dramatic YouTube video asserting embarrassing allegations about the couple’s intimate life and disparaging her spouse’s family members. The YouTube video has been viewed more than 3 million times. The judge presiding over the parties’ divorce case granted the divorce on the grounds of cruel and inhuman treatment by the wife, and blasted the wife’s video as “a calculated and callous campaign to embarrass and humiliate her husband and to pressure him into settling the case.”
A finding of cruelty by a Texas court can be a basis for a disproportionate division of community property.
The internet provides us all with an instant venue to make global statements with the click of a mouse, but that doesn’t mean it’s wise to air every statement. Bottom line – think before you act. Venting may be best left to private conversations with friends and family.
Though some U.S. states and foreign nations recognize civil unions between same sex couples, Texas is not one of those jurisdictions. In fact, Article I Section 32 of the Texas Constitution prohibits same sex marriages.
Despite this provision in the Texas constitution, same sex couples form family units and require legal protection just as heterosexual couples. Unfortunately, the Texas Family Code sections dealing with marriage, separate property, community property, spousal support and divorce have no application to same sex couples. Therefore, it is important for same sex couples to create their own protections by expressing their intentions, agreements and expectations in a written contract.
The answer is found in contract law. Same sex couples may tailor their individual solutions through the formation of an enforceable contract. Such contracts are generally referred to as domestic partnership agreements. A domestic partnership agreement is as unique as the couple it serves, but the agreement should at least address the following: (1) identify the parties to the agreement; (2) identify the property at issue and ownership of that property; (3) contemplate the potential for dissolution of the relationship through a break up; (4) contemplate the death of either party; and, (5) dispute resolution options such as mediation, arbitration, collaborative law, and litigation, if necessary.
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