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Tessmer Tips / 15.09.2015

Community property does not just include things like real estate, household belongings, and vehicles.  It also includes intangible property such as income, dividends, benefits and debts.  All community property must be divided when the marriage ends, and all of the debts as well.   In some cases, when a court awards a portion of one spouse’s retirement benefits to the other spouse, a Qualified Domestic Relations Order (QDRO) must be prepared to be sent to the employer, who will be ordered to distribute benefits to each spouse in accordance with the court’s order.  A QDRO is not a “google and do-it-yourself” document. ...

Tessmer Tips / 14.09.2015

Texas law defines community property as all of the property acquired by either spouse during a marriage, except separate property.  Separate property is anything one spouse owned prior to the marriage, property inherited by only one spouse, property received as a gift by only one spouse and recoveries for personal injuries suffered by only one spouse – except for the portion of the award intended to compensate for lost earnings during the marriage.   All property is presumed to be community property, unless and until the party claiming it is separate can prove so by a preponderance of the evidence.  What sort...

Tessmer Tips / 13.09.2015

In the Texas family court system, there are two kinds of property to be considered in a divorce: separate property and community property.  Separate property is solely owned by one spouse.  Community property is owned in equal shares by both spouses.  All property acquired during a marriage by either spouse is presumed to be community property.  A spouse that claims a particular property is separate must prove sole ownership.   The concept of separate and community property comes from the law of Castile and has been maintained in Texas since Spanish rule. In the early days, a wife could have separate property,...

Tessmer Tips / 28.08.2015

Keep all appointments with your medical providers. Explain to your doctors, in detail, any problems you continue to experience as a result of your injuries. This ensures your medical record is complete, which is important when it comes time to negotiate a settlement or go to trial.   DO keep your final appointment with your doctor. This is when your doctor will usually provide you with a ‘permanency rating’ if your injury is permanent. Your attorney must have this information before settlement negotiations can begin.   Don't be too eager to settle. The claims adjuster you will be dealing with will want immediate resolution....

Tessmer Tips / 27.08.2015

In a personal injury case, documentation is important. Take photos of your injuries. Also, include recent photos of yourself taken before the injuries occurred.  Keep a journal about your injuries and medical attention. Be precise about everything, including the daily extent of your pain. Even the smallest of points is significant information.   Keep a file of every form of correspondence with every involved medical person relating to your injury, including e-mails. Save all of your medical-related receipts. This includes prescriptions, special equipment (crutches, walkers, canes), special foods, and co-payments.   Don’t forget to document any travel expenses for your medical appointments. Maintain documentation...

Tessmer Tips / 25.08.2015

Consider hiring a personal injury lawyer to represent you. They understand the laws and the injury claims process, allowing them to use their experience to your advantage. A good lawyer can even help you further when it comes to documenting personal injury expenses. This way you can focus on healing rather than negotiating.   When dealing with a personal injury claim, you may be asked about prior medical conditions and current medical care. These are used to help establish damages. You may also be asked for details about how the accident happened, what you did and your current situation. Anything related to your health...