Division of property in a divorce often calls for an attorney who is experienced in effectively negotiating solutions that are both legally sound and resistant to future litigation. To find out how our firm can work with you to address your immediate needs, contact us to schedule a consultation and case evaluation with an experienced Texas family law attorney.
Answers to Your Texas Divorce Questions
If you are about to go through a divorce, it is only normal to have questions and concerns about the process. At the Sugar Land law offices of the Pinak Law Firm, we are here to answers your questions and help you decide if a divorce is really right for you. Offering free initial consultations and flexible office hours, our attorney will make sure you have the resources you need to rebuild your life.
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Are you involved in an uncontested divorce? While the process is simplified, it is still important that you take the right steps towards building your future. We can explain your rights and give you the tools you need to successfully navigate the divorce process. Contact us today for a free initial consultation and find out more about your uncontested divorce.
While you and your spouse may not see eye to eye on everything, your divorce does not have to be a fight. Having handled thousands of cases through alternative dispute resolution, our lawyer can help you through the divorce mediation process. By working with your spouse, instead of fighting against them, you can come up with a divorce settlement tailored to your needs. Contact us today for a free initial consultation.
Division of Property in Texas
When there is little or no marital property, no children, no issues of spousal maintenance, amicable spouses can usually obtain a quick divorce by having an attorney draft a divorce agreement and having a judge approve it. Most divorces, however, are quite different and far more complex. The typical Texas divorce involves a union of many years with considerable marital property, both personal property and real estate, children, family businesses, large or concealed debts, trust funds, real estate in other states, joint and separate accounts, investments, insurance, pensions, and other assets. In these complex situations, the parties often cannot divide their property on their own and therefore may require court involvement for its ultimate division. The attorneys of The Pinak Law Firm, PLLC can provide any necessary guidance.
Community Property
In Texas, division of property occurs under community property rules. However, Texas, unlike other community property states, does not have to divide this community property owned by the parties equally. The court is only required to divide the property in a "just and right" manner. Any separate property is retained by the spouse who owns it. The Pinak Law Firm, PLLC can help you tell the difference.
The first dispute in contested cases is regarding which marital assets are community property. Usually, all earnings acquired during marriage and everything obtained with those earnings are community property. All debts incurred during marriage, unless the creditor was specifically looking to the separate property of one spouse for payment, are obligations of the community property estate.
Generally separate property will be:
- Gifts and inheritances given just to that spouse;
- Personal injury awards received by that spouse, except for any award for loss of earnings;
- Proceeds of a pension that vested before marriage;
- Properties purchased with the separate funds of a spouse remain that spouse's separate property; and/or
- A business owned by one spouse before the marriage remains his or her separate property during the marriage, although a claim for reimbursement by the community estate may arise under certain circumstances.
Conflict may arise when separate property is mixed together with community property. Sometimes, one spouse may be able to identify which portion of the property is separate. One example of this is when a house is owned before marriage and continuing mortgage payments are made throughout the marriage. Otherwise if the separate property becomes mixed with the community property, and the two cannot be distinguished, the entire thing becomes community property.
Property to Be Divided
Certain kinds of property continue to create controversy at divorce, even under the division rules of the community property system. Divorcing couples need to be aware of these assets and the issues their division may present. Some of the most troublesome assets include:
- Family Home
- Pensions
- Family-Owned Businesses
In each case, complexities of ownership can complicate a divorce.
Conclusion
Many couples have a difficult time reaching an agreement about how to divide their property. Because the division of property depends on the complexity of your assets and liabilities, it is important to consult with a knowledgeable family law attorney for assistance if you anticipate the division of property is likely to be an issue of controversy in your divorce.
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