Austin Family and Business Attorneys

Generally, assets are valued using the insight of experts. Our firm uses the services of forensic accountants to determine the full extent of the couple’s marital assets, as well as assets that could be considered separate under Texas law. We also engage the services of professional appraisers with specializations in real estate, fine art, jewelry, rare automobiles, and antiques. Our attorneys consult business valuation experts to determine the current value of a business and its assets, as well as its earning potential.

Parental rights in Texas are granted to biological and adoptive parents. The non-biological parent in a same-sex marriage would not have parental rights if they did not adopt the child; however, this parent may be able to establish legal parentage (such as through a legal agreement with the child’s biological or adoptive parent) to secure possession and access rights. Non-parents can also gain standing in a custody case if they had actual care, custody, and control of the child for at least six months. Because Texas family law judges are required to make their decisions based on the child’s best interests, with a compelling case, a judge may determine that it is in the child’s best interest to maintain a relationship with the non-biological or adoptive parent and grant shared to limited custody to that person.

A few things come into play when a judge divides assets and debts, such as which spouse has primary custody of the child, the earning potential of each spouse, and who was primarily responsible for the accumulation of each (assets and debts). Community property in Texas is typically assets and income earned while the couple was married, real estate purchases, retirement accounts, and joint debt (like a mortgage or a co-signed car loan). Separate property includes inheritances, assets owned before marriage that were not co-mingled, and damages awarded in personal injury claims.

A contracts attorney or business lawyer can provide a robust defense for defendants in a breach of contract lawsuit. Some common defenses our firm has used with notable success include: -Establishing that the contract was not valid (such as providing lack of consideration) -Proving that one party was under duress or coerced into signing -There was misrepresentation or fraud -Unforeseen circumstances rendered fulfillment of the contract impossible -The statute of limitations to file a breach of contract suit has expired Establishing the absence of one or more of the elements of a valid contract is a strong defense against a breach-of-contract suit. The defense in your claim depends on the nature of the contract and the cited grounds for the breach.

Yes, in Texas, a property settlement is considered a contract. If your divorce decree included a division of property arrangement, then both parties must comply with the division as stated in the decree and within any time limits placed on the division (such as the time it takes to sell assets or to exchange property with one another). If one spouse fails to comply with the agreed-upon property division, then the other spouse has the right to take legal action, including filing a civil suit for breach of contract or specific performance damages.

In Texas, most business interests and contracts are treated as assets in a divorce property division. Each spouse has the right to arrange for an appraisal or assessment of the value of each contract by an independent party, like a forensic accountant or business valuation appraiser. If one spouse breaches a business-related contract or agreement during the divorce, then the injured spouse has the right to file a breach of contract suit or demand mediation or arbitration to seek damages or other relief. In some cases, a business contract signed by both spouses may need to be renegotiated if the contract impacts the division of marital assets or debts.

The Texas Uniform Trade Secrets Act (TUTSA) offers several remedies for the theft of trade secrets. A trade secrets lawyer can help injured intellectual property and business owners take legal action, such as: Petitioning the court for injunctive relief to prevent further misuse of the trade secrets, Filing a lawsuit for compensatory damages to replenish all monetary damages, as well as consideration for unjust enrichment, Filing a civil suit for exemplary damages (punitive damages) and the plaintiff’s attorney’s fees in cases of malicious and willful misappropriation or misuse of trade secrets, Securing the representation of a trade secrets lawyer can help plaintiffs achieve a positive outcome.

Yes, an attorney can pursue collection actions for unpaid rent on behalf of the commercial property owner. This may take the form of civil damages, including monetary losses and the value of unrealized rent (rent that another tenant could have paid). Commercial landlord plaintiffs may also petition the court to file a lien on the tenant’s assets, depending on the terms of the lease. A commercial landlord attorney can also represent clients in arbitration if the contract includes a clause requiring arbitration to settle disputes or mediation.