Bollier Ciccone Stinson Law Texas

Bollier Ciccone Stinson LLP Is Growing: Now Hiring Litigation Paralegals in Austin

Victoria Pollock — Fri, 22 May 2026 14:39:34 +0000

As Bollier Ciccone Stinson LLP continues to grow, we are expanding our litigation support team and seeking experienced paralegals for two full-time positions in our Austin office.

Our firm is built on professionalism, collaboration, strong client service, and high-quality legal work. We are proud to serve clients throughout Central Texas across a wide range of complex litigation matters, and we recognize the important role experienced paralegals play in delivering excellent outcomes for our clients.

See the two in-office position descriptions and application instructions on our careers page, bclawtx.com/careers.

Family Law Litigation Paralegal

We are seeking an experienced Family Law Litigation Paralegal to support attorneys handling contested family law matters, including divorce, child custody, enforcement actions, modifications, and complex property division matters.

The ideal candidate is highly organized, detail-oriented, and comfortable managing litigation deadlines, client communication, discovery, hearing preparation, and trial support in a fast-paced environment. Strong familiarity with Texas litigation procedures and e-filing systems is preferred.

Civil Litigation Paralegal

We are also seeking an experienced Civil Litigation Paralegal to support our construction, business law, and real estate litigation team.

This role involves assisting attorneys with litigation-related drafting, discovery management, hearings, mediations, calendaring, client communication, and case organization. Experience in construction and real estate litigation is preferred, but not required.

Why Join Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP is an established Austin litigation firm committed to providing exceptional legal service while fostering a professional, team-oriented work environment.

We value attention to detail, reliability, initiative, strong communication skills, and a collaborative approach to legal work. Our team is dedicated to building long-term careers for professionals who take pride in excellent work and client service.

Both positions offer competitive compensation and benefits packages, including health benefits, PTO, 401(k) opportunities, professional development support, and more.

Apply

Qualified candidates may submit application materials to Maria Benning at mbenning@bclawtx.com.

To learn more about these opportunities, please visit the careers page on the Bollier Ciccone Stinson LLP website.

About Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high-asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.

Known for deep legal expertise, compassion, and a collaborative, team-based approach, Bollier Ciccone Stinson LLP offers comprehensive counsel in high-stakes matters, including contested custody and complex asset division, construction contracts and disputes, commercial and residential real estate transactions, business formation and litigation, and complex civil litigation. The firm’s attorneys are widely recognized for professional excellence, with many holding Board Certifications in their practice areas and receiving respected industry honors, reflecting the firm’s commitment to superior client service and ethical advocacy.

Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Dripping Springs, Driftwood, and across the entire State of Texas.Learn more at BClawTX.com.

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Finding the Right Austin Contract Lawyer

kelly@lalapow.com — Sat, 25 Apr 2026 14:39:43 +0000

By Tony Ciccone, Business, Construction, and Real Estate Law

In a fast-growing market like Austin, contracts play a central role in nearly every business transaction, from startup partnerships to multimillion-dollar construction projects. Choosing the right Austin contract lawyer is not just a legal decision; it’s a strategic one that can directly impact your company’s risk, profitability, and long-term success.

Whether you are searching for a contract lawyer, a breach of contract lawyer, or a construction contract lawyer in Austin, this guide by the BCS Law team can help you understand what to look for, so you can avoid costly mistakes and position your business for growth.

Why Hiring an Austin Contract Lawyer Matters

Contracts define the rights and obligations of parties in a business relationship. A poorly drafted agreement can expose your company to disputes, financial losses, or litigation.

An experienced Austin contract lawyer provides critical services such as:

Drafting clear, enforceable agreements
Reviewing contracts for hidden risks
Negotiating favorable terms
Litigating or resolving disputes when agreements break down

In Texas, some verbal agreements may be legally binding under certain circumstances, which adds complexity and risk if disputes arise.

Key Factors When Choosing the Right Contract Lawyer in Austin

Relevant Experience in Corporate and Construction Law

Not all contract lawyers are the same. Businesses in Central Texas often deal with:

Commercial leases
Vendor and supplier agreements
Construction contracts and subcontractor agreements
Partnership and shareholder agreements

If you are in construction, for example, you need an Austin construction contract lawyer familiar with project timelines, change orders, and risk allocation. A general practitioner may miss industry-specific issues that could later lead to disputes.

What to look for:

Experience in your specific industry
Familiarity with Texas construction and business regulations
Proven track record handling similar contracts

Strong Contract Drafting and Review Skills

The best legal disputes are the ones that never happen. A skilled Austin contract lawyer focuses on prevention by drafting precise, comprehensive agreements.

Key contract elements your attorney should carefully evaluate include:

Performance obligations and deadlines
Payment terms and penalties
Dispute resolution clauses (mediation, arbitration)
Force majeure provisions
Compliance with Texas law

Contracts that are vague or incomplete often lead to misunderstandings and litigation. Attention to detail is critical.

Negotiation Ability That Protects Your Interests

Contracts are not just legal documents; they are business tools. A strong attorney understands how to negotiate terms that align with your goals while maintaining workable relationships.

An experienced Austin contract lawyer can:

Identify unfavorable clauses
Propose strategic revisions
Balance risk and opportunity

Effective negotiation can mean the difference between a profitable agreement and one that creates long-term liability.

Litigation and Dispute Resolution Experience

Even well-drafted contracts can lead to disputes. When that happens, you need an Austin Breach of Contract Lawyer who can enforce your rights.

Under Texas law, proving a breach of contract generally requires proof of:

A valid contract
Performance or tendered performance by the plaintiff
Breach of the contract by the defendant
Damages caused by the breach

Your attorney should be comfortable handling:

Demand letters and negotiations
Mediation and arbitration
Courtroom litigation when necessary

Importantly, many disputes can be resolved without litigation if your contract includes clear dispute resolution provisions.

Knowledge of Texas-Specific Contract Laws

Texas contract law includes requirements that can affect enforceability. For example:

Certain agreements must be in writing and signed under the Texas statute of frauds, including many real estate contracts, leases longer than one year, and agreements that cannot be performed within one year.¹
Enforceable contracts generally require offer, acceptance, consideration, mutual assent, and sufficiently definite material terms.²
Different rules may apply depending on the type of contract involved, including construction agreements, real estate contracts, and contracts for the sale of goods.³

An Austin-based attorney brings local insight into how courts and businesses operate in Central Texas—something out-of-state counsel may lack.

Reputation and Client Feedback

Reputation matters when selecting a contract lawyer in Austin. Consider:

Client testimonials and reviews
Peer recognition
Referrals from other professionals

A lawyer’s track record in handling negotiations and disputes can give you confidence in their ability to protect your interests.

Austin-Specific Considerations for Contract Law

A Rapidly Growing Business Environment

Austin’s economy spans tech startups, real estate development, and construction projects. Each industry requires tailored contracts to address unique risks.

For example:

Tech companies may need intellectual property protections
Construction firms must address delays, materials, and subcontractor liability
Real estate developers require detailed purchase and lease agreements

Local lawyers are often more familiar with these nuances and can tailor contracts accordingly.

Construction Contracts in Central Texas

Construction is one of the most contract-heavy industries in the Austin area. A qualified Austin construction contract lawyer can help with:

Drafting construction agreements
Managing subcontractor relationships
Addressing delays and cost overruns
Advising on Texas mechanic’s lien, contractor’s lien, and materialman’s lien issues

Without proper legal guidance, construction disputes can escalate quickly and become expensive.

Common Contract Disputes in Austin

Businesses frequently face disputes involving:

Non-payment
Breach of service agreements
Missed deadlines
Misinterpretation of contract terms
Change-order disputes
Scope-of-work disagreements
Construction delays
Defective-work claims
Payment applications and retainage disputes
Commercial lease defaults
Partnership or ownership disputes

These disputes can disrupt operations and lead to significant financial harm if not handled effectively.

Red Flags When Choosing a Contract Lawyer

Not every attorney is the right fit. Watch for:

Lack of specialization in contract or business law
Limited experience in Texas law
Over-reliance on generic templates instead of custom agreements

Contracts should not be treated as “one-size-fits-all.” Your lawyer should tailor each agreement to your specific business needs.

How the Right Lawyer Adds Long-Term Value

Hiring the right Austin contract lawyer is an investment, not just a cost.

A skilled attorney can:

Reduce the risk of future disputes
Strengthen your negotiating position
Improve compliance with Texas law
Protect your business from avoidable financial risk

Ultimately, contracts should support your growth, not hold you back.

Frequently Asked Questions

Do I really need an Austin contract lawyer for a small business?

Yes. Even small businesses rely heavily on contracts. A lawyer ensures your agreements are enforceable and protect your interests.

What does an Austin breach of contract lawyer do?

They help enforce your rights when another party fails to meet contractual obligations, including pursuing damages or negotiating settlements.

How can a construction contract lawyer help in Austin?

They draft and review agreements, manage risk allocation, and handle disputes specific to construction projects.

Are verbal contracts enforceable in Texas?

In some cases, yes, but they are much harder to prove and enforce, making written agreements strongly recommended.

Final Thoughts: Protecting Your Business with an Austin Contract Lawyer

Choosing the right Austin contract lawyer can have a lasting impact on your business success. From drafting carefully tailored agreements to resolving complex disputes, the right legal partner helps you navigate risk while focusing on growth.

In a competitive and fast-moving market like Austin, having experienced legal counsel can be a significant advantage.

This article is for general informational purposes only and is not legal advice. Reading this article or contacting the firm does not create an attorney-client relationship. To fully understand your rights and options, contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation.

Our Business, Construction, and Real Estate Law practice is led by Tony Ciccone, a veteran real estate, construction, and business law attorney who is not only Board Certified in Construction Law by the Texas Board of Legal Specialization, but also Martindale-Hubbell “AV Preeminent” rated.

See Tex. Bus. & Com. Code § 26.01(a), (b)(4)–(6).
See Angel v. Tauch, 642 S.W.3d 481 (Tex. 2022); Fischer v. CTMI, L.L.C., 479 S.W.3d 231 (Tex. 2016).
See Tex. Bus. & Com. Code §§ 2.102, 2.204.

About Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP serves clients throughout Central Texas, including Austin, Round Rock, Georgetown, Taylor, Hutto, Cedar Park, Leander, Pflugerville, Manor, Bee Cave, Sunset Valley, Circle C, Westlake, Lake Travis, Lakeway, Steiner Ranch, Dripping Springs, Driftwood, and across the entire State of Texas.

Learn more at BClawTX.com.

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Commercial Lease Agreements in Austin: Essential Clauses

kelly@lalapow.com — Fri, 10 Apr 2026 03:23:28 +0000

By Tony Ciccone, Real Estate Law

In a fast-growing market like Austin, commercial lease agreements are rarely routine. In many cases, commercial leases are heavily landlord-drafted and should be carefully reviewed before signing.

For business owners, a thorough Austin commercial lease review can be one of the most important investments you make before committing to a space. From rent escalation clauses to common area maintenance (CAM) charges and build-out obligations, each provision can significantly impact your long-term financial obligations and operational flexibility.

In this guide, the BCS Real Estate Law team breaks down the essential clauses in a commercial lease and explains how Texas commercial lease negotiation strategies can protect your business.

Why Commercial Lease Review Matters in Austin

Austin’s commercial real estate market is highly competitive, driven by rapid population growth, tech expansion, and limited inventory in prime areas. This means:

Landlords often have leverage in negotiations
Lease terms may be complex and customized
Small details can translate into significant long-term costs

Because commercial lease terms in Texas are often heavily customized and landlord-drafted, each agreement should be carefully analyzed before signing.

Texas commercial tenancies are addressed in part by Chapter 93 of the Texas Property Code, but many key rights and obligations are defined by the terms of the lease itself.1

Key Clauses in Austin Commercial Lease Agreements

Rent and Rent Escalation Clauses

At first glance, base rent may seem straightforward—but the real cost of your lease is often hidden in rent escalation provisions.

A rent escalation clause defines how and when rent increases over time, typically annually.

Common types include:

Fixed increases (e.g., 3% annually)
CPI-based adjustments tied to inflation
Operating cost pass-throughs (utilities, maintenance, taxes)
Market rate resets at renewal

These clauses exist because landlords must keep pace with inflation and rising property costs.

Austin Insight:
In high-growth areas like downtown Austin and The Domain, even small annual increases can compound significantly over a 5–10 year lease term. Modeling total rent—not just year one—is critical.

Common Area Maintenance (CAM) Charges

CAM charges are one of the most misunderstood—and frequently disputed—components of a commercial lease.

These fees typically cover:

Landscaping and exterior maintenance
Parking lot upkeep
Security
Shared utilities

In many Texas leases, tenants pay a pro rata share of these costs.

In Texas commercial leases, additional charges are best addressed expressly in the lease, including the amount charged or the method used to calculate it.2

Key Issues to Watch:

What expenses are included (and excluded)?
Are there caps on annual increases?
Is there a clear audit right for tenants?

Austin Tip:
Retail tenants in mixed-use developments (common in Central Austin) often face higher CAM costs due to shared amenities. Negotiating caps or exclusions is essential.

Build-Out and Tenant Improvement Clauses

Austin’s commercial spaces—especially in newer developments—often require customization. That’s where build-out provisions come in.

These clauses address:

Who pays for improvements (landlord vs. tenant)
Tenant improvement (TI) allowances
Approval processes for construction
Ownership of improvements at lease end

Key Risk:
Without clear language, tenants may be responsible for costly upgrades or required to remove improvements upon termination.

Lease Type: Gross vs. Net Leases

Understanding your lease structure is critical to forecasting costs.

Gross Lease: Rent includes most operating expenses
Net Lease (NNN): Tenant pays base rent + taxes + insurance + maintenance

Even in gross leases, tenants may still pay increases above a baseline (“expense stops”).

Austin Market Reality:
Triple net (NNN) leases are common in retail and suburban office spaces, meaning tenants must carefully review all pass-through expenses.

Assignment and Subletting

Businesses evolve—and your lease should allow flexibility.

Assignment and subletting clauses govern whether you can:

Transfer the lease to another business
Sublease part or all of your space

Texas landlords often impose strict restrictions on these rights.

Negotiation Tip:
Seek reasonable consent standards (e.g., landlord cannot “unreasonably withhold” approval).

Use Clauses and Exclusivity

Your lease will define how the space can be used. This may include:

Specific permitted uses
Restrictions on competing businesses
Exclusive rights in shopping centers

Austin Example:
In retail-heavy areas like South Congress or East Austin, exclusivity clauses can protect your business from direct competitors in the same development.

Casualty and Condemnation

How is the lease affected in the event of a catastrophe? Critical focus points include:

Rent abatement
Termination rights
Allocation of proceeds

Well-drafted clauses can balance protection for tenants and property owners in the case of fires, flooding, and eminent domain actions.

Renewal and Termination Options

Long-term flexibility is critical in a rapidly changing market.

Key provisions include:

Renewal options and rent adjustments
Early termination rights
Personal guarantees

Renewal clauses often tie rent to fair market value, which can lead to significant increases if not capped.

Austin-Specific Considerations

Rapid Market Growth

Austin’s expanding economy can drive:

Higher rent escalation rates
Competitive lease terms
Limited negotiation leverage in prime areas

Mixed-Use Developments

Popular developments combine residential, retail, and office space, often leading to:

Complex CAM structures
Shared infrastructure costs
Unique use restrictions

In some mixed-use or condo-style commercial properties, tenants may also need to account for property owners’ association rules or shared-governance restrictions that can affect signage, operations, maintenance obligations, or common area use.

Local Regulations and Zoning

Zoning rules and city ordinances can impact:

Permitted uses
Build-out approvals
Signage and visibility

Why Work with an Austin Commercial Lease Attorney?

A professional legal team provides:

Comprehensive Austin commercial lease review
Identification of hidden costs and risks
Strategic Texas commercial lease negotiation
Customized protections for your business

Because leases are often drafted in favor of landlords, legal review helps rebalance the agreement and avoid costly surprises.

Final Thoughts

Commercial lease agreements in Austin are complex, highly negotiable, and deeply consequential for your business.

Key takeaways:

Always review rent escalation and CAM provisions carefully
Understand your total occupancy cost—not just base rent
Negotiate flexibility through assignment, renewal, and termination clauses
Address build-out responsibilities upfront
Seek legal guidance before signing

A well-negotiated lease is not just a contract—it’s a strategic asset that supports your business’s long-term success.

This guide offers a foundational overview — not legal advice. To fully understand your rights and options, contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation.

Our Real Estate Law practice is led by Tony Ciccone, a veteran real estate, construction, and business law attorney who is not only Board Certified in Construction Law by the Texas Board of Legal Specialization, but also rated “AV Preeminent” by Martindale-Hubbell.

See Tex. Prop. Code ch. 93.
See Tex. Prop. Code § 93.012.

About Bollier Ciccone Stinson LLP

Learn more at BClawTX.com.

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Divorce and Business Valuation in Texas: What Austin Business Owners Need to Know

kelly@lalapow.com — Sat, 28 Mar 2026 15:08:01 +0000

By Susannah A. Stinson, Board Certified Family Law Attorney

When a marriage involves a company, partnership interest, professional practice, or closely held business, divorce can become far more complex than a typical property division case. In Texas, the court does not simply ask who founded the business or whose name appears on the formation documents. Instead, the legal analysis often focuses on whether all or part of the business interest is community property, whether any portion is separate property, what the business is worth, and whether one marital estate has claims against another.

For many spouses in Austin and Central Texas, the business is the most valuable asset in the marital estate. It may also be the primary source of family income, a legacy built over many years, or an enterprise that includes complicated books, distributions, retained earnings, goodwill questions, and tax-sensitive planning issues. That is why divorce and business valuation often require a coordinated approach involving family law counsel, business counsel, forensic accountants, and valuation professionals. Texas law provides the framework, but the facts and the quality of the financial evidence often drive the outcome.

In Texas, a business in divorce may be treated as community property, separate property, or a mix of both, depending on when and how the ownership interest was acquired and how the business was managed during the marriage. Before a court can divide or offset that interest, the parties often need to address characterization, reimbursement issues, and a defensible business valuation. This guide from the BCS Law team walks through the core legal and financial issues involved.

Why Business Valuation Matters in Texas Divorce

In a Texas divorce, a court must divide the parties’ marital estate in a manner the court considers “just and right,” while respecting the rights of each spouse and any children of the marriage.¹ Texas is a community property state, but that does not mean every asset is split 50/50. The court’s task is an equitable division of the community estate under the statute.

That principle becomes especially important when the marital estate includes business assets. A closely held company cannot usually be divided the way a bank account can. One spouse may continue operating the company after divorce, while the other may seek an offset through other property, a structured buyout, or another negotiated solution. Before any of that can happen, the parties and the court need a reliable valuation. That is a central component of divorce and business valuation: identifying the business interest, characterizing it correctly, and determining its value using defensible methods.

The First Question in Texas Divorce: Is the Business Community Property or Separate Property?

Texas law starts with a strong presumption: property possessed by either spouse during or at the dissolution of marriage is presumed to be community property.² A spouse claiming an asset as separate property must prove that claim by clear and convincing evidence. Separate property generally includes property owned before marriage, property acquired during marriage by gift or inheritance, and certain personal injury recoveries.

Applied to divorce and business ownership, that means the analysis is rarely as simple as “I started the company before we got married.” A business formed before marriage may still have a separate property component, but growth during the marriage can raise additional issues. Community funds may have been invested into the business. A spouse may have contributed substantial time, toil, talent, or effort to enhance the value of a separately owned business beyond what was reasonably necessary to manage and preserve it, without adequate compensation to the community estate. In some cases, that may support a reimbursement claim under the Texas Family Code.

Texas business entity law also recognizes that an ownership interest itself may be community property under applicable law. That distinction can matter when the divorce involves an LLC, partnership, or family-owned operating company.

Why Valuation Experts are Often Essential in High-Asset Divorce

In high-asset divorce cases, valuation disputes are common because a business’s value is not always obvious from a tax return or a balance sheet. In practice, formal valuations and forensic analysis of a closely held company or partnership during divorce are often invasive, time-consuming, and expensive. That is often the reality in these cases. Many privately held businesses do not have a ready market price, and their records may not fully capture normalized earnings, owner benefits, contingent liabilities, or the effect of market conditions.

A qualified valuation expert may analyze items such as historical financial statements, tax returns, compensation practices, discretionary expenses, debt structure, cash flow, customer concentration, and whether the business depends heavily on one owner’s personal services. In the right case, a forensic accountant may also help trace separate and community contributions, investigate unusual transfers, test the reliability of reported income, and identify whether personal expenses were paid through the business. These issues often overlap with divorce and business assets, particularly where one spouse suspects underreported income or an understated company value.

Key Legal Issues that Often Affect Business Value

1. Characterization of the Ownership Interest

A court must first determine whether the ownership interest is separate property, community property, or mixed in character. The inception-of-title rule and tracing evidence often matter here. If the business began before marriage, the original interest may be separate, but later acquired interests, capital contributions, or marital labor issues can still create claims that affect the overall division.

2. Reimbursement Claims

Texas Family Code Section 3.402 recognizes reimbursement claims between marital estates in certain circumstances. One notable example can arise when a spouse’s time, toil, talent, or effort is used to enhance the value of a separately owned business beyond what is reasonably necessary to manage and preserve it, without adequate compensation to the community estate. In practical terms, this may happen where a spouse leaves significant profits in the company, takes below-market compensation, or uses community effort to enhance a separate property business without fairly compensating the community estate.

3. Goodwill and Earning Capacity Questions

Business valuation in divorce may involve disputes over enterprise value versus value tied more directly to an owner’s future personal earning capacity. In professional practices and owner-driven companies, that distinction can materially affect value. Because these issues are heavily fact dependent and often expert driven, the strength of the valuation report and testimony matters.

4. Control, Marketability, and Liquidity

A minority interest in a closely held business may not carry the same value as full control of the company. Likewise, a private business may not be easily sold. Those realities can influence valuation methodology and settlement structure, especially where an Austin-area company is locally operated and intended to remain with one spouse after divorce.

Austin and Central Texas Considerations

Austin’s economy includes founder-led startups, professional practices, family real estate companies, construction businesses, medical groups, consulting firms, and closely held service businesses. In these cases, business value may be tied not only to hard assets, but also to recurring contracts, intellectual property, management depth, and regional market conditions. A valuation that overlooks those factors can distort the true picture. This is one reason why divorce and business valuation in Central Texas often requires professionals who understand both Texas family law and the financial realities of local businesses.

Common Mistakes Business Owners and Spouses Should Avoid

One of the biggest mistakes is assuming the business can be valued from a single tax return. Another is treating formation date as the end of the characterization inquiry. A third is waiting too long to collect records, trace ownership history, or retain the right expert. In divorce and business ownership disputes, incomplete financial evidence can make settlement harder and trial riskier. Where the business supports the household, errors in valuation can also affect related issues such as support, cash flow planning, and post-divorce financial stability.

A Practical Legal Strategy for Business Owners Facing Divorce in Texas

In our experience, the most effective approach is usually disciplined and evidence-driven. That usually means identifying all ownership documents, formation records, tax returns, compensation records, partnership or operating agreements, buy-sell terms, debt records, and major financial statements early. It also means evaluating whether separate property tracing is available, whether reimbursement issues exist, and whether a neutral or party-retained valuation expert is appropriate. Texas law supplies the rules, but credible documentation and expert analysis often shape the result in cases involving divorce and business assets.

Final Thoughts: Divorce and Business Valuation in Texas

Divorce and business valuation can be one of the more complex and fact-intensive aspects of Texas divorce law. When a marriage includes a company, partnership, practice, or other closely held business, the stakes are often high for both spouses. The court may need to address characterization, tracing, reimbursement, expert valuation, and a just-and-right division of the community estate. For Austin families with substantial business interests, careful legal and financial analysis is often critical to protecting both ownership rights and long-term financial security.

This guide is only meant to give you a foundational understanding of what to expect during the divorce and business valuation process, not to offer legal advice. To understand the full scope of your potential case, you need an experienced attorney. If your divorce involves a business, partnership interest, professional practice, or other closely held company, contact the experienced BCS family law team for a consultation. In cases involving business ownership, that can be especially valuable because BCS also has an experienced business law team to help clients navigate entity documents, ownership structures, and other issues that often overlap with family law.

Bollier Ciccone Stinson LLP’s family law team is uniquely experienced in understanding the process of asset disclosure and valuation, and how to safeguard your interests in those assets. The BCS family law practice is led by veteran Family Law attorneys Leslie Bollier and Susannah Stinson who are Board Certified in Family Law by the Texas Board of Legal Specialization.

See Tex. Fam. Code § 7.001.
See Tex. Fam. Code § 3.003(a)-(b).
See Tex. Bus. Orgs. Code § 101.106(a-1), (a-2).

About Bollier Ciccone Stinson LLP

Learn more at BClawTX.com.

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Navigating the Complexities of a High-Asset Divorce in Austin, Texas

kelly@lalapow.com — Sun, 15 Mar 2026 23:49:10 +0000

By Leslie J. Bollier, Board Certified in Family Law

Divorce can be emotionally and financially challenging under any circumstances. However, when significant wealth and complex financial holdings are involved, the stakes increase dramatically. High-asset divorces in Texas require careful legal strategy, financial analysis, and an experienced team capable of managing sophisticated property portfolios.

At BCS Law in Austin, Texas, we frequently work with entrepreneurs, executives, investors, physicians, and other individuals with substantial or complex assets as they work to protect their financial futures during divorce. These cases often involve multiple real estate holdings, investment portfolios, business ownership interests, and high-income structures that require careful legal and financial analysis.

Below, we explain what makes a high-asset divorce unique and how an experienced Austin high-asset divorce attorney can help navigate complex property division issues.

What Is a High-Asset Divorce?

A high-asset divorce generally involves a substantial marital estate, often including seven-figure assets, or property that is unusually complex to identify, value, or divide. These may include businesses, investment portfolios, intellectual property, or multiple real estate holdings.

Common assets involved in high-net-worth divorces include:

Primary residences and vacation homes
Commercial real estate and rental portfolios
Stocks, stock options, and investment funds
Business ownership or partnership interests
Retirement accounts and pensions
Art, collectibles, luxury vehicles, and jewelry
Trusts or inherited assets

Because these assets can fluctuate in value and may involve complicated ownership structures, proper valuation and classification are critical to ensuring an equitable outcome.

Texas Community Property Laws and High-Asset Divorce

Texas is a community property state, which means property acquired during the marriage is generally presumed to be community property. However, Texas courts do not automatically divide community property equally. Instead, courts divide community property in a manner that is “just and right”¹ based on the circumstances of the case.

This distinction becomes especially important in high-asset divorces. Judges may consider factors such as:

Differences in earning capacity between spouses
Who managed or contributed to the growth of assets
Fault in the breakup of the marriage, where relevant
Future financial needs of each spouse
Disparity in education or earning power

Additionally, property owned before the marriage, inherited assets, and gifts are typically considered separate property, though proving this classification often requires extensive documentation and financial tracing.²

Identifying Complex Assets in a High-Net-Worth Divorce

One of the most challenging aspects of high-asset divorce is identifying the full scope of marital assets. Wealthy couples often hold assets across multiple accounts, business entities, and investment structures.

An experienced Austin high-asset divorce attorney typically begins by conducting a comprehensive financial review, which may involve:

Reviewing tax returns and financial statements
Identifying corporate ownership structures
Examining investment and brokerage accounts
Analyzing real estate holdings and equity
Investigating trusts, layered entity structures, or assets held through multiple entities

Accurate asset identification promotes transparency and reduces the risk that critical assets are overlooked during property division.

The Role of Forensic Accounting in High-Asset Divorce

In many high-net-worth divorces, forensic accountants play a crucial role. These financial professionals analyze financial records to uncover hidden assets, trace financial transactions, and determine the true value of complex holdings.

Forensic accountants may:

Analyze tax filings and corporate records
Trace the origin of funds used to purchase assets
Identify unusual transfers or undisclosed accounts
Assess business income and cash flow

Their work ensures that all assets are properly disclosed and categorized, which is essential for a fair division of property.

This level of financial scrutiny is particularly important when spouses suspect that hidden assets are being concealed through shell companies, trusts, or international accounts.

Valuation Experts and Appraisers

Another key component of a high-asset divorce is accurate asset valuation. Many valuable assets, such as businesses or commercial real estate, do not have straightforward market values.

In these cases, attorneys often collaborate with valuation professionals such as:

Business valuation experts
Certified public accountants (CPAs)
Real estate appraisers
Investment analysts
Pension and retirement specialists

These experts provide objective assessments of assets including privately held companies, stock options, intellectual property, and large real estate portfolios.

Proper valuation matters because even modest differences in estimated value can materially affect the outcome of property division.

Dividing Real Estate and Non-Liquid Assets

Austin’s booming real estate market means that many high-net-worth couples hold significant property assets. These may include:

Luxury primary residences
Investment properties
Commercial real estate
Land or development projects

Unlike cash assets, real estate is non-liquid, meaning it cannot easily be divided. Courts and attorneys often use strategies such as:

Property buyouts
Selling assets and dividing proceeds
Structured property settlements

In some cases, one spouse may retain property while compensating the other with investment accounts or other assets of comparable value.

Why BCS’s In-House Family Law, Real Estate, and Business Team Matters

When a high-asset divorce involves homes, investment properties, commercial real estate, or other non-liquid assets, having family law and real estate attorneys in-house can provide meaningful advantages. At Bollier Ciccone Stinson LLP, our family law, business, and real estate lawyers work under one roof, which allows for more coordinated analysis of property characterization, title issues, refinancing requirements, deed preparation, and transfer logistics.

When a marital estate also includes closely held businesses or partnership interests, coordination with the firm’s business law team may also be beneficial. This integrated approach can help reduce delays, avoid inconsistencies, and better position clients when real estate is a significant part of the marital estate.

An in-house team can help with:

Coordinating property division strategy with real estate transfer requirements
Evaluating title, deed, and refinancing issues early in the process
Reducing the need to bring in outside real estate counsel
Helping structure property-related provisions to avoid post-divorce complications

Handling Stocks, Investments, and Executive Compensation

Executives and business owners frequently receive compensation through stock options, restricted shares, or deferred bonuses. These assets can complicate divorce settlements because their value may fluctuate or vest over time.

In high-asset divorce cases, attorneys must evaluate:

Stock option vesting schedules
Restricted stock units (RSUs)
Retirement plans and pensions
Deferred compensation packages

In some cases, specialized orders such as Qualified Domestic Relations Orders (QDROs) may be necessary to divide certain retirement accounts properly and help avoid unnecessary tax consequences.

High Income, Child Support, Spousal Maintenance, and Alimony

High-net-worth divorces may also raise complex issues involving child support and, in some cases, spousal maintenance. Texas law provides statutory frameworks for these issues, but higher-income households often require closer analysis of income sources, compensation structures, and lifestyle considerations.

Financial experts may analyze:

True income from business ownership
Investment earnings and dividends
Lifestyle expenses during the marriage
Future earning capacity

Accurate financial analysis helps ensure that support arrangements are just and right, and reflect the couple’s actual financial circumstances.

Spousal maintenance is sometimes referred to as alimony, though in Texas ‘spousal maintenance’ is the legal term for court-ordered support, while ‘alimony’ often refers to contractual agreements between spouses.

Protecting Separate Property and Premarital Assets

Many high-net-worth individuals enter marriage with substantial assets already in place, such as business interests or investment portfolios. Protecting these assets during divorce requires careful tracing to prove they were acquired before the marriage.

Complications arise when separate property becomes commingled with marital funds—for example, when business income or investments are reinvested during the marriage.

In these cases, forensic accountants and legal teams may reconstruct financial histories to demonstrate which portions of an asset remain separate property.

Why Experience Matters in High-Asset Divorce

High-net-worth divorce cases involve financial and legal complexities that extend far beyond typical divorce proceedings. Without experienced representation, mistakes in asset classification or valuation can result in substantial financial loss.

An experienced Austin high-asset divorce attorney or legal team can provide:

Strategic financial investigation
Collaboration with valuation experts
Protection of separate property claims
Sophisticated negotiation and litigation strategies

These cases require both legal knowledge and financial sophistication to achieve an equitable outcome.

Final Thoughts: High-Asset Divorce in Texas

Divorce involving substantial wealth is rarely straightforward. Complex financial portfolios, real estate holdings, and business interests require careful evaluation to ensure a fair and legally sound division of property.

Working with an experienced Austin high-asset divorce attorney allows high-net-worth individuals to navigate the process with confidence. With experienced legal guidance and appropriate financial analysis, parties can make more informed decisions about property division and long-term financial planning.

If you are considering divorce and have significant assets, seeking experienced legal guidance early in the process can make a critical difference in the outcome.

At every step, the BCS family law team stands ready to help you protect your financial interests and pursue a fair outcome in your divorce.

Bollier Ciccone Stinson LLP’s family law team is highly experienced in understanding the process of asset disclosure and valuation, and how to safeguard your interests in those assets. The BCS family law practice is led by veteran attorneys Leslie Bollier and Susannah Stinson who are Board Certified in Family Law by the Texas Board of Legal Specialization.

¹ Tex. Fam. Code § 7.001.

² Tex. Fam. Code §§ 3.001, 3.003.

About Bollier Ciccone Stinson LLP

Learn more at BClawTX.com.

The post Navigating the Complexities of a High-Asset Divorce in Austin, Texas appeared first on Bollier Ciccone Stinson Law Texas.

Taco de Mayo: A High-Stakes Cookoff for a Meaningful Cause

Victoria Pollock — Mon, 09 Mar 2026 14:20:52 +0000

On Saturday, May 2, 2026, Bollier Ciccone Stinson LLP will transform its lawn into something a little different, a taco arena.

Taco de Mayo brings together Central Texas civil law firms for a friendly, and likely fiercely contested, taco cook-off, all in support of Volunteer Legal Services of Central Texas. For one afternoon, briefs give way to barbacoa, and courtroom strategy is replaced by culinary creativity.

This event is about more than bragging rights, though those are certainly on the line.

Guests can expect creative tacos from competing firms, a panel of judges deliberating with utmost seriousness, and a spirited afternoon of community connection. Awards will be presented, bragging rights secured, and meaningful support generated for access to justice in Central Texas.

This fundraiser is hosted by the civil law teams at Bollier Ciccone Stinson LLP and Amini & Conant. Proceeds support Volunteer Legal Services of Central Texas, which provides free civil legal assistance to low-income individuals and families throughout the community. Funds raised at Taco de Mayo help expand access to justice for those who need it most.

We are proud to bring the legal community together in a way that is competitive, collaborative, and committed to making a difference.

Join us as a competitor, judge, sponsor, or attendee, for an event that proves serious lawyers can take their tacos seriously, too.

How To Participate:

Competing Firm?

Enter your civil law firm into the Taco de Mayo cook-off and compete for taco supremacy while supporting access to justice.

Interested in Judging?

Serve as an official taco judge (open only to sitting or former judicial judges) and help select this year’s taco champion while supporting a meaningful cause.

Volunteer as a Judge

Ready to Sponsor?

Support Volunteer Legal Services of Central Texas and demonstrate your firm’s commitment to the legal community.

Become a Sponsor

Event Details

Saturday, May 2, 2026

11:00 a.m., Event begins

12:00 p.m., Judges arrive

12:30 p.m., Official judging begins

Approximately 1:30 p.m., Awards announced

Location:

Bollier Ciccone Stinson LLP (The Lawn)

1101 S Capital of Texas Hwy, Building G, Suite 200

Austin, Texas 78746

Taco Judges

Hon. Daniella Lyttle

Hon. Darlene Byrne

Hon. Todd Wong

Hon. Jan Soifer

Hon. Leonard Saenz

Hon. Karin Crump

Hon. Maggie Ellis

Hon. Brandy Mueller

Competing Law Firms

Bollier Ciccone Stinson LLP

Amini & Conant

Maples Jones

Butler Snow

Roarty Law

Is Your Spouse Hiding Assets? A Texas Divorce and Property Guide

kelly@lalapow.com — Fri, 20 Feb 2026 20:09:53 +0000

By Susannah A. Stinson, Board Certified Family Law Attorney

Why Hidden Assets Matter in Texas Divorce

Going through a divorce is emotionally stressful, especially when you suspect your spouse is hiding assets to avoid fair division. Hiding assets in divorce not only jeopardizes your financial future but may also violate Texas discovery rules and court orders. The BCS Law team can help you fully understand how to uncover hidden assets and enforce disclosure to protect your rights and help secure an equitable property division.

In Texas, marital property is subject to a “just and right” division.¹ This includes all assets acquired during the marriage, regardless of whose name appears on title documents. Concealing assets undermines this legal responsibility and can lead to serious penalties, including monetary sanctions, loss of credibility, disproportionate property division, or even potential criminal exposure in certain circumstances.

Common Ways Spouses Hide Assets

Understanding how spouses hide assets is essential to spotting suspicious behavior early in your case. These tactics may appear simple, but can be difficult to detect without professional review.

Secret Bank Accounts: Opening accounts in other financial institutions or in another person’s name.
Undisclosed Real Estate: Holding property under a business entity or a family member’s name.
Transferring Funds to Third Parties: Gifting or selling assets to friends/family before filing.
Underreporting Income: Especially common with self-employment or business owners.
Overpaying Debts or Taxes: Temporarily reducing visible assets near filing.
Cryptocurrencies or Digital Assets: Storing wealth in digital wallets or accounts.
Offshore Accounts: Funds in foreign banks or investments.

These concealment efforts undermine the court’s ability to divide property in a just and right manner under Texas Family Code § 7.001. If discovered, they can have serious legal consequences.

Red Flags: Signs Your Spouse May Be Hiding Assets

Not all hidden assets are obvious, but there are common warning signs that warrant closer investigation:

Unexplained Withdrawals or Transfers: Large amounts moving out of shared accounts with no clear purpose.
Sudden Changes in Lifestyle: Expensive purchases or travel inconsistent with reported income.
Inconsistent Financial Statements: Data that doesn’t match tax documents or spending patterns.
Missing or Withheld Financial Records: Refusal to provide bank, investment, or retirement account info.
Changed Passwords or Lost Access: Denial of access to shared accounts.
Unusual Transfers to Relatives or Businesses: Movement of funds or property under other names.

If you notice multiple red flags, speak with a qualified attorney immediately. They can begin the legal discovery and forensic review process on your behalf.

How to Find Out if Your Spouse Is Hiding Assets

Formal Legal Discovery

Once you file for divorce, both spouses are legally obligated to disclose all financial information. Your attorney can initiate formal discovery tools to compel this:

Interrogatories: Written questions your spouse must answer under oath.
Requests for Production of Documents: Demanding bank statements, tax returns, titles, trust documents, etc.
Depositions: Sworn in-person questioning that can catch inconsistencies.
Subpoenas: Court orders for third parties (banks, employers, brokers) to release records.

Discovery is central to uncovering inaccurate disclosures and obtaining concrete evidence of hidden assets.

Enlisting Forensic Experts

In complex cases, especially with business interests or investments, attorneys often partner with forensic accountants or financial investigators. These professionals:

Trace financial transactions across accounts.
Analyze tax returns, cash flow, and lifestyle versus reported income.
Identify hidden accounts, offshore funds, or poorly categorized property.

In high-asset cases, forensic analysis can uncover assets that might otherwise remain undisclosed.

Submitting Court Motions & Sanctions

If your spouse refuses to comply with disclosure requests, your attorney can ask the court to:

- Compel production of withheld information.
- Impose sanctions under Texas Rule of Civil Procedure 215.
- Award attorney’s fees to you.

Consider an unequal division of the marital estate or other appropriate remedies if concealment is proven.

Texas courts have broad authority to enforce transparency and penalize dishonesty.

Legal Consequences of Hiding Assets in Texas Divorce

Hiding assets in divorce can carry legal consequences under Texas law. Texas treats asset concealment seriously, and courts have a range of remedies:

Contempt of Court: A spouse who violates discovery orders or fails to disclose assets can be held in contempt, leading to fines, sanctions, or jail time.
Disproportionate Property Division or Other Remedies: A court may award a disproportionate share of the marital estate or impose other equitable remedies if concealment is proven.
Financial Sanctions: Courts can order payment of your attorney fees, expert fees, and court costs.
Perjury or Fraud Allegations: Intentionally providing false testimony under oath may expose a spouse to criminal liability in certain circumstances.
Reopened Settlements: If hidden assets are discovered after a final decree is entered, a spouse may have legal grounds to seek post-judgment relief.²

These penalties underscore how seriously Texas courts enforce financial transparency in divorce.

Protecting Your Financial Future: What You Can Do Now

If you suspect your spouse is hiding assets:

Document Everything: Keep copies of bank records, tax returns, and any suspicious financial activity.
Don’t Try to Investigate Alone: DIY discovery can overlook critical evidence. A lawyer knows what to ask for and where to look.
Act Early: The earlier you uncover hidden assets, the stronger your negotiation or litigation position.
Choose Experienced Counsel: Family law and real estate experience matters, especially with property and income complexities.

Final Thoughts: Hidden Assets and Divorce in Texas

Suspecting your spouse is hiding assets can feel overwhelming, especially when real estate holdings and decades of community investments are at stake. The good news is that Texas law protects your rights, and experienced legal representation can help ensure a fair and informed property division process.

At every step, from discovery to forensic investigation to court enforcement, the BCS family law team stands ready to help you find answers, protect your financial interests, and pursue a fair outcome in your divorce.

Bollier Ciccone Stinson LLP’s family law team is uniquely experienced in understanding the process of asset disclosure and valuation, and how to safeguard your interests in those assets. The BCS family law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization.

¹ Tex. Fam. Code § 7.001.

² Tex. Fam. Code § 7.009.

About Bollier Ciccone Stinson LLP

Learn more at BClawTX.com.

The post Is Your Spouse Hiding Assets? A Texas Divorce and Property Guide appeared first on Bollier Ciccone Stinson Law Texas.

Divorce and Real Estate: Benefits of Having a Divorce and Real Estate Attorney

kelly@lalapow.com — Tue, 10 Feb 2026 20:07:47 +0000

By Leslie J. Boiller, Board Certified Family Law Attorney

Insights from an Experienced Texas Family Law and Real Estate Legal Team

If you own real estate and are contemplating divorce in Austin or elsewhere in Central Texas, you’re probably feeling overwhelmed emotionally and financially. One of the most significant areas of concern for many couples is how to divide property that’s not cash in the bank, particularly homes, land, rental properties, offices, retail, commercial property or other real estate assets. Navigating these issues requires deep legal knowledge of both divorce law and real estate law. That’s where a Family Law team of experienced in-house divorce and real estate attorneys becomes essential.

In this guide, the BCS Law team will explain how Texas handles real estate in divorce, what can go wrong without proper counsel, and the major benefits of having experienced in-house lawyers guide you through the process.

Texas Is a Community Property State – But Real Estate Division Is Not Automatically Equal

In Texas, the division of assets in a divorce follows community property principles. Under the Texas Family Code, property acquired during marriage is presumed to be community property, meaning both spouses share ownership rights¹.

However, Texas courts do not automatically divide community property equally. Under Tex. Fam. Code § 7.001, courts divide community property in a “just and right” manner, which does not necessarily mean a 50/50 split. Courts may consider factors such as fault in the breakup of the marriage, disparity in earning capacity, and other equitable considerations when determining division.

This presumption applies to most real estate:

Your family home
Vacant land you bought during marriage
Investment properties purchased together
Even property bought in one spouse’s name if marital funds were used to acquire or maintain it

Importantly, separate property – such as property owned before marriage, gifts, and most inheritances – is not subject to division. But the burden of proving that property is separate falls on the spouse claiming it. Without clear and convincing evidence (such as documented traceable funds or deeds from before marriage), property claimed as separate may be characterized as community property.

Why Real Estate Is Complex in Divorce

Unlike cash or bank accounts, real estate is a non-liquid, high-value asset with substantial emotional and financial implications. Its valuation and division involve issues that are often overlooked:

Accurate Valuation Is Not Simple

Real estate cannot be split like a simple bank account. Determining fair market value often requires professional appraisals, particularly in dynamic real estate markets like Austin and Central Texas. Under- or overvaluing property can dramatically affect your share of the marital estate.

Title and Ownership Don’t Tell the Full Story

Just because your name is on the deed doesn’t automatically make real estate separate property. Texas law presumes property acquired during marriage is community property unless you can prove otherwise.

Real Estate May Carry Debt

Mortgages, lines of credit, and property tax liabilities often accompany real estate. Dividing these obligations fairly – or deciding who keeps the property – is a legal and financial puzzle.

Community vs. Separate Property Can Be Hotly Contested

Sometimes one spouse claims an asset is separate property, while the other disputes that characterization. These disagreements often hinge on meticulous financial records and legal arguments.

In addition, real estate disputes frequently involve reimbursement claims. For example, community funds may be used to improve separate property, or separate funds may be used to reduce debt on community property. Texas law allows courts to consider equitable reimbursement claims under Tex. Fam. Code § 3.402, which can significantly affect the ultimate property division.

In other words: real estate isn’t just property – it’s complex wealth that can shape your long-term financial future.

Benefits of a Divorce and Real Estate Attorney

Given the high stakes, here’s why partnering with a skilled divorce and real estate legal team matters:

Expert Understanding of Texas Community Property Law

A divorce attorney with real estate experience knows the nuances of Texas’s community property system. They help you understand what is truly separate vs. community property — and how courts may view it.

Strategic Property Valuations and Appraisals

Experienced attorneys know when to engage expert appraisers or financial analysts to determine real property values accurately. Getting valuations right early can prevent long-term financial losses.

Negotiation That Protects Your Interests

Whether negotiating an amicable settlement or representing you in court hearings, seasoned attorneys shape agreements to reflect your financial goals. They consider all variables – including future tax implications, mortgage obligations, and potential rental income.

Minimizing Long-Term Financial Risk

Real estate distribution affects your credit, taxes, and future net worth. For example, tax code provisions (like Section 1041 of the Internal Revenue Code) allow property transfers between spouses without immediate tax consequences if handled correctly.

Your attorney helps structure these transfers to minimize unnecessary tax exposure and legal complications.

Protecting Equity and Investment Properties

If your marriage involves investment real estate (e.g., rental homes or commercial property), your attorney will assess income, debt, cash flow, and separate vs. community claims to secure what you’re due.

For couples who also own a closely held business, coordination with business counsel may also be necessary.

Preparing for Litigation When Necessary

Not all divorces settle peacefully. If discussions break down, your attorney handles motion practice, court hearings, and trial preparation – all while advancing your best economic interests.

Common Real Estate Scenarios in Divorce

Here are a few real-world examples of how a divorce and real estate attorney helps clients:

Keeping the Family Home

One spouse wants to keep the home; the other wants cash or other assets of equivalent value. Your attorney calculates what it would cost to buy out the other spouse’s share and negotiates favorable terms.

Selling and Dividing Proceeds

In some cases, selling the property and dividing net proceeds is most equitable. Attorneys coordinate with realtors, review listing agreements, and help ensure sale proceeds are distributed in accordance with the divorce decree.

Title and Deed Disputes

If one spouse claims separate property interest but the deed contradicts that claim, your attorney gathers evidence – like financial records – to support (or counter) that position in court.

Rental Property and Tax Implications

Dividing rental real estate involves not just equity but future income streams and tax consequences. An attorney ensures that valuation considers these factors.

How In-House Divorce and Real Estate Attorneys Work With Outside Experts

To address real estate complexities, attorneys often collaborate with:

Appraisers

For accurate market value assessments.

Certified Public Accountants (CPAs)

To analyze tax implications of real estate division.

Financial Analysts

Especially in high-net-worth cases where long-term projections matter.

This multidisciplinary approach ensures all angles are covered.

The Advantage of an In-House Family Law and Real Estate Team

When a divorce involves real estate, legal strategy must account for both community property law and real estate mechanics. Because Bollier Ciccone Stinson LLP houses both family law and real estate lawyers (business attorneys, also) under one roof, clients benefit from coordinated legal guidance, often without the need to engage outside real estate counsel.

An integrated in-house team provides:

Aligned strategy from the outset: Property division decisions are structured with deed requirements, refinancing issues, and title considerations in mind.
Real-time collaboration: Attorneys communicate directly, reducing delays and minimizing the risk of inconsistent advice.
Efficient document preparation: Deeds, lien releases, and transfer instruments can be reviewed and prepared without onboarding outside counsel.
Reduced risk of post-divorce complications: Property transfers are structured carefully to avoid title defects or enforcement disputes later.

This coordinated approach promotes clarity, efficiency, and long-term protection when real estate is at stake in divorce proceedings.

Final Thoughts: Protecting Your Real Estate In Divorce

If your marriage involves real estate – whether it’s your family home, land, or investment properties – engaging an in-house divorce and real estate legal team is a strategic investment in your financial future. Texas divorce and property division laws are intricate, and mistakes can cost you significantly both now and in decades to come.

Your real estate isn’t just an asset – it’s part of your future stability, credit foundation, and retirement planning. With skilled legal guidance, you can navigate these challenges with clarity, confidence, and a plan that protects your best interests. Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation.

Bollier Ciccone Stinson LLP’s family law team is uniquely experienced in understanding the nature and value of complex estates, the underlying legal issues, and how to safeguard your interests in those assets. The BCS Family Law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization.

¹ Tex. Fam. Code § 3.003.

About Bollier Ciccone Stinson LLP

Bollier Ciccone Stinson LLP is a boutique law firm in Austin, Texas, providing trusted legal representation in family law, high asset divorce and child custody, construction law, business law, and real estate law. Since 1990, the firm’s experienced attorneys have delivered strategic, personalized legal solutions and strong results for individuals, families, developers, property owners, and businesses.

Learn more at BClawTX.com.

The post Divorce and Real Estate: Benefits of Having a Divorce and Real Estate Attorney appeared first on Bollier Ciccone Stinson Law Texas.

What Is a Mechanic’s Lien?

kelly@lalapow.com — Fri, 30 Jan 2026 13:33:19 +0000

A Practical Guide to Texas Construction Liens for Austin & Central Texas Contractors

As trusted construction law attorneys in Austin, Texas, we regularly assist contractors, subcontractors, project owners, architects, engineers, material suppliers, and laborers with the complexities of Texas lien laws. If you’ve ever wondered, “How do I file a lien for unpaid construction work in Austin?” BCS Law is here to help. This detailed guide explains what mechanic’s liens are, how to file them, and what to do if one is filed against your property.

Understanding Mechanic’s Liens Under Texas Law

A mechanic’s lien (also often called a construction lien) is a legal claim against real property for unpaid labor, materials, services, or equipment furnished to improve that property. Filing a mechanic’s lien generally provides the claimant with a security interest in the property, meaning the debt attaches to the property until payment is made, subject to compliance with statutory requirements.

Mechanic’s liens are not unique to Texas, but they are governed by very specific provisions in the Texas Property Code (Chapter 53).¹

Historically, mechanic’s liens in the U.S. began as a tool to protect those who contributed labor and materials to the improvement of property, ensuring they had leverage to collect payment before other creditors.

Texas law often refers to these claims collectively as mechanic’s and materialman’s liens.

Why Mechanic’s Liens Matter in Texas Construction

In Texas – a state with a booming construction market, from downtown Austin high-rises to Central Texas residential and commercial developments – payment disputes are not uncommon. A mechanic’s lien exists to:

Secure payment for work performed.
Provide leverage in disputes over unpaid invoices.
Alert property owners and title companies to outstanding debts before sale or refinancing.

Liens can significantly impact a property’s marketability or financing, so understanding how they work is essential for anyone involved in construction in Texas.

Who Can File a Mechanic’s Lien in Texas?

Under Texas law, a wide array of construction professionals may qualify to file a mechanic’s lien if they meet statutory requirements:

General and prime contractors
Subcontractors
Material and equipment suppliers
Laborers
Certain architects, engineers, and design professionals under specific conditions

Even verbal contracts may preserve lien rights in many situations, except for certain residential homesteads, where a written contract is required.

Texas Construction Lien Laws: Deadlines & Requirements

Texas lien laws are among the most complex in the country. The deadlines and notice requirements depend on your role and the type of project:

Pre-Lien Notices (for Certain Claimants)

If you are a subcontractor or supplier without a direct contract with the property owner, in most situations you must serve pre-lien notices (also called “fund trapping notices”) to preserve your lien rights:

Invoice Notice – by the 15th day of the second month after the month labor was performed or materials delivered.
Pre-Lien Notice – by the 15th day of the third month after work was performed.

Note: Original contractors (those with a direct contract with the owner) generally do not need to send pre-lien notices.

Filing the Lien Affidavit

The lien affidavit is the official document that must be filed with the county clerk in the county where the property is located. It must include key details like the amount owed, a legal description of the property, and claimant information.

Deadlines:

Project Type	Claimant	Deadline to File Lien
Residential projects	Original contractor	15th day of the third month after work completed
Non-residential projects	Original contractor	15th day of the fourth month after work completed
Residential & commercial subcontractors/suppliers	Subcontractors	15th day of the fourth month after last provided labor/materials

Missing these deadlines will often invalidate your lien completely, no matter how strong your claim under Texas law.²

Serving the Filed Lien

After filing your lien affidavit, Texas generally requires you to serve a copy of the filed lien affidavit on the property owner — and, if you’re a subcontractor, on the general contractor as well — within 5 days of filing.

How to File a Mechanic’s Lien in Austin / Central Texas

Here’s a practical step-by-step outline to file a lien for unpaid construction work in Austin or elsewhere in Texas:

Confirm Eligibility: Ensure you provided labor, services, or materials that qualify under Chapter 53 of the Texas Property Code.
Send Pre-Lien Notices (if required): Serve notices by the statutory deadlines.
Prepare Your Lien Affidavit: Include legally sufficient property descriptions, amounts owed, and claimant details.
File With the County Clerk: File in the county where the property is located before your filing deadline.
Serve the Filed Lien: Deliver copies to required parties within 5 days of filing.
Enforce the Lien (if necessary): If payment still isn’t received, you may need to file a foreclosure lawsuit. In many cases, the deadline to enforce a lien is within one year of the last day the lien could be filed.

When a Mechanic’s Lien Is Filed Against Your Property

If you are a property owner and a mechanic’s lien is filed against your property, here’s what to know:

A lien can cloud your title, making refinancing or selling difficult until resolved.
You may have options to challenge the lien if it was improperly filed or invalid under Texas law.
You may negotiate payment or require lien releases once debts are paid.

Property owners often work with experienced counsel to determine if the lien meets statutory requirements, including proper notice and timing, because Texas courts strictly enforce statutory procedures.

Typical Questions We Hear from Central Texas Construction Professionals

Q: What if a lien deadline was missed?

If you miss a statutory deadline to file or serve notices, you may lose your lien rights permanently, even if you are owed money. Consulting with an attorney as early as possible is crucial.

Q: Can I file a lien without a written contract?

Yes, for many commercial projects, even a verbal agreement may preserve lien rights. However, residential homestead projects often require a written contract.

Q: Does a mechanic’s lien guarantee payment?

No, a mechanic’s lien doesn’t automatically get you paid. It gives you the legal leverage to enforce payment, typically through litigation if necessary.

Final Thoughts: Protect Your Rights Under Texas Lien Laws

Mechanic’s liens can be effective tools for ensuring payment for work and materials, especially in a vibrant construction market like Austin and Central Texas. But they come with strict legal requirements, precise deadlines, and formal procedures that must be followed exactly under the Texas Property Code.

For contractors, subcontractors, suppliers, and other construction professionals asking “How do I file a Texas construction lien?” The key is preparation, timing, and compliance. When deadlines are tight and stakes are high, working with experienced construction law attorneys can protect your rights and improve your chances of recovery.

If you need assistance with filing a mechanic’s lien in Central Texas, responding to one filed against your property, or navigating the full lien lifecycle, our team is here to help. Contact the BCS Law team for personalized guidance tailored to your situation.

The Bollier Ciccone Stinson LLP Construction Law practice is led by Tony Ciccone, a veteran construction, real estate, and business law attorney, who is not only Board Certified in Construction Law by the Texas Board of Legal Specialization, but also Martindale-Hubbell “AV Preeminent” rated, and recognized by Best Lawyers in Construction Law.

¹ Tex. Prop. Code § 53.001 et seq.

² Tex. Prop. Code §§ 53.052, 53.056.

About Bollier Ciccone Stinson LLP

Learn more at BClawTX.com.

The post What Is a Mechanic’s Lien? appeared first on Bollier Ciccone Stinson Law Texas.

Choosing the Right Business Entity in Texas: LLC vs. S-Corp for Austin Businesses

kelly@lalapow.com — Sat, 10 Jan 2026 13:23:07 +0000

Should an Austin business form an LLC or elect S-Corp status?

For many Austin businesses, forming a Limited Liability Company (LLC) is often the preferred starting point because it offers flexibility and fewer administrative requirements. In some cases, electing S-Corp tax treatment can provide tax advantages as a business grows, depending on profitability, ownership structure, and long-term goals. To be clear, an LLC is a legal entity type, while an S-Corporation is a federal tax election – a distinction that is often misunderstood, even by entrepreneurs.

Starting a business in Austin’s vibrant tech and service economy is exciting. But one of the earliest and most crucial decisions you’ll make as a founder is which business entity to choose. This choice affects your personal liability exposure, tax obligations, operational complexity, and even how investors perceive your company – whether you’re launching a startup, opening a restaurant, forming a construction business, or investing in real estate.

In Texas, two of the most common options for early-stage companies are forming a Limited Liability Company (LLC) and electing S-Corporation (S-Corp) status. As experienced corporate attorneys based in Austin, the BCS Law team is here to walk you through the key differences and real-world implications for tech and service business founders.

What Is a “Business Entity,” and Why Does It Matter?

A business entity is a legally recognized organization created under state law that defines how your business operates, how profits are taxed, and what liability protection owners receive. In Texas, many businesses choose the following entity type and tax classification:

Limited Liability Company (LLC): A flexible business structure that blends features of partnerships and corporations.
S-Corporation (S-Corp): A tax status elected with the IRS that applies to eligible corporations and LLCs, allowing for pass-through taxation with potential payroll tax savings.

Choosing them requires thoughtful evaluation of your company’s goals, expected profit levels, ownership plans, and tolerance for administrative complexity.

Liability Protection: A Fundamental Business Concern

Both LLCs and S-Corps offer limited liability protection—a legal firewall that generally shields your personal assets (like your home and savings) from business debts and lawsuits. This protection is one of the most compelling reasons entrepreneurs avoid operating as sole proprietors or general partnerships.

However, this protection isn’t absolute. To maintain the “corporate veil,” you must:

Maintain separate business and personal finances.
Follow basic corporate formalities.
Avoid commingling assets.

In certain cases, failure to do so may lead courts to pierce the veil and expose personal assets.

Taxation: S-Corp vs. LLC in Texas

A key practical distinction between these structures is how they are taxed.

LLC Tax Treatment

LLCs are typically subject to pass-through taxation, meaning the business itself doesn’t pay federal income tax. Instead, profits and losses pass through to members’ personal tax returns. In Texas, there’s no state income tax, but LLCs and S-Corps alike must file the Texas franchise tax report—though many small businesses fall below the current “no tax due” threshold, which is approximately $2.47 million in annual revenue, and owe nothing.¹

For federal tax purposes, LLC owners generally pay self-employment tax (~15.3%) on all net earnings, which covers Social Security and Medicare.

S-Corp Tax Treatment

An S-Corp is not a separate entity type; it is a federal tax election that changes how income is treated. The election is typically made by filing IRS Form 2553.²

Under S-Corp status:

The business still enjoys pass-through taxation.
Owners may pay themselves a reasonable salary subject to payroll taxes.
Remaining profits can be distributed as dividends not subject to self-employment tax.

This structural nuance can reduce overall federal tax liabilities when your business reaches a level of profit where payroll tax savings outweigh the cost of additional compliance and payroll administration.

Formation & Compliance: Costs and Complexity

Forming an LLC in Texas

To form an LLC in Austin or anywhere in Texas, you must file a Certificate of Formation with the Texas Secretary of State. You’ll also need a registered agent and an operating agreement to outline member rights and business procedures.

LLCs have minimal annual compliance requirements compared to corporations – no board, no mandatory meetings, and flexible management structures.

Electing S-Corp Status

If you want S-Corp treatment, you must:

First form a legal entity (either an LLC or corporation).
File IRS Form 2553 to elect S-Corp tax treatment.

Once that election is effective, your entity must:

Run payroll for owner-employees.
File an S-Corp tax return (Form 1120-S).
Observe corporate record-keeping and employee compliance.

These requirements add complexity and potential ongoing costs – especially for early startups with limited staff.

Other Business Entity Types in Texas

This article focuses on LLC formation and S-Corp tax election, which are among the most common choices for Austin-area businesses. However, Texas law also recognizes several other business entity types, including:

Sole Proprietorship
General Partnership
Corporation
Limited Partnership (LP)
Limited Liability Partnership (LLP)
Additional variations used in Texas include Series LLCs and non-profit corporations

Each of these entity types differs in terms of liability exposure, taxation, filing requirements, and governance. As a result, business owners often consult legal and tax professionals to determine which structure best aligns with their specific goals and risk profile.

Ownership & Growth Considerations

LLCs: Flexibility and Simplicity

LLCs offer broad flexibility:

Unlimited members, including non-U.S. citizens and entities.
Flexible profit distribution as defined by the operating agreement.
Simple management options (member-managed or manager-managed).

This makes LLCs ideal for many solo founders, small teams, and service-oriented businesses in Austin, including startups, construction companies, restaurants, and real estate ventures still refining their business model.

S-Corps: Growth, Limits & Requirements

An S-Corp imposes some key ownership restrictions:

Maximum of 100 shareholders.
Shareholders must generally be U.S. citizens or residents.
Only one class of stock is permitted.

These rules limit the S-Corp’s appeal for businesses planning broad equity distribution or seeking outside investment from sophisticated firms.

However, if your Austin business plans steady profitability and owner salary optimization, the tax benefits might outweigh these limits.

So, Which Is Right for Your Austin Business?

In practice, the appropriate choice often depends on how and when a business expects to grow. Based on our experience advising Austin-area startups and other closely held businesses, the following considerations may be helpful when evaluating common business profiles:

When to Lean Toward an LLC

You’re launching with modest initial profits.
You value operational simplicity over tax optimization.
You plan to keep the ownership structure flexible.
You prefer fewer formalities.

When to Consider S-Corp Election

Your business is already generating significant profits (often suggested around or above ~$80,000+).
You want to reduce self-employment taxes legally.
You’re ready to handle payroll, reasonable compensation rules (which are fact-specific under IRS guidance, not a fixed formula), and additional compliance requirements.

An LLC that later chooses an S-Corp tax election is a common strategic path: you benefit from the LLC’s flexibility in the early years and switch to S-Corp tax treatment when profit and administrative capacity justify it.

Working With an Austin Business Formation Lawyer

Navigating entity selection, tax elections, compliance rules, and growth planning can be complex. An Austin business formation lawyer with deep experience in corporate law can help you:

Understand IRS requirements and Texas state regulations
Evaluate projected profits and tax outcomes
Draft operating agreements and corporate policies
Stay compliant with ongoing reporting obligations

This guidance is especially valuable for business owners forming startups, construction companies, restaurants, real estate entities, and other closely held businesses across Central Texas.

Final Thoughts: Forming an LLC vs. S-Corp in Austin

Choosing between forming an LLC in Austin TX and selecting S-Corp vs LLC Texas involves understanding liability protection, tax implications, and long-term business goals. For many Austin-area businesses, an LLC’s simplicity and flexibility often make it the starting point – especially when paired with thoughtful tax planning. However, S-Corp tax status can offer meaningful payroll tax savings as your business scales.

This guide offers a foundational overview – not legal advice. To fully understand your rights and options, we encourage you to consult experienced legal and tax professionals to tailor these insights to your unique circumstances.

When it comes to business law, Bollier Ciccone Stinson LLP consistently delivers smart and real-time legal solutions to clients throughout Austin and its surrounding areas. Notably, our Business Law practice is led by Tony Ciccone, a veteran business, construction, and real estate attorney who is not only Board Certified in Construction Law by the Texas Board of Legal Specialization, but also Martindale-Hubbell “AV Preeminent” rated.

Contact BCS Law today for a consultation, and let’s build your business the right way.

¹ Texas Comptroller of Public Accounts, Franchise Tax – No Tax Due Threshold

² Internal Revenue Service, Form 2553 and S-Corporation Election Guidance

About Bollier Ciccone Stinson LLP

Learn more at BClawTX.com.

The post Choosing the Right Business Entity in Texas: LLC vs. S-Corp for Austin Businesses appeared first on Bollier Ciccone Stinson Law Texas.

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