Maximizing Your Property Rights With Our Houston Family Lawyer

Property division at the time of divorce can be one of the most complex issues, requiring the care and attention of an experienced Houston TX property division attorney who can protect your rights. Whether you are concerned about keeping your family home, dividing retirement funds, or protecting your right to assets acquired during the marriage, The Alsandor Law Firm can protect your rights.

At the time of divorce, your financial security may be at risk. You can protect your investments and your rights with an experienced attorney skilled in complex property division cases. Contact the Alsandor Law Firm for a consultation.

Quick Summary:

  • Dividing marital assets and debts fairly is called property division. It’s part of divorce.
  • In Texas, when couples get a divorce, the court decides how to share everything they own and owe, such as homes, money, and debts. The goal is to make it fair and right for each situation, even if it’s not exactly equal.
  • Separate property includes things one person owned before marriage, like inherited items, gifts, or lawsuit money, and these things don’t get divided when sharing property during a divorce. It stays with the person who originally owned it.
  • Community property in Texas includes things acquired or used jointly by both spouses, like homes, vehicles, personal belongings, and savings. These things must go through property division during a divorce.
  • If it’s not exactly equal, it should still seem fair, and if they don’t agree, they can try talking with a mediator instead of letting a judge decide.

What is Property Division?

Property division is an element of divorce proceedings that involves the fair distribution of marital assets and debts between spouses. In Texas, the principle of community property governs this process. Community property includes all assets and debts acquired during the marriage, except for separate property.

Property Division in the State of Texas

Texas is a community property state, meaning that the court will divide all assets and debts acquired during the marriage in a just and right manner. In addition to your marital assets, including real estate, accounts, and business assets, your debts will also be distributed, including medical debts, credit card debts, and business debts. The property division may not be “equal” but “just and right” given the circumstances of each case.

When you file for divorce, the court will evaluate all of your property and work to determine a fair property division. The court will begin that determination with the presumption that both spouses own any property acquired during the marriage. Anything that is not specifically separate property will be community property, according to the court.

What Is Separate Property?

Separate property is anything that belonged to one person prior to marriage and was kept as separate property throughout the marriage. This may include:

  • Property that one party inherited or obtained in a prior divorce
  • Gifts that one spouse receives during the marriage may also be separate property
  • Personal injury settlements or compensation obtained in another type of lawsuit

Anything that is considered separate property does not have to go through property division.

What Is Community Property?

Anything considered community property does have to go through property division. This may include property that both spouses acquired jointly or used together. Real property is the most common type of personal property. Vehicles and personal property may also be considered community property. Intangible property, such as savings and investments, is also typically considered community property.

Property divisions in Texas can be complex. You may be confused about what is considered community property and what you can keep as separate property. Consult an experienced divorce attorney to find out what will happen to your belongings.

Complex Property Division Issues in a Texas Divorce

Real estate, bank accounts, and vehicles are easy to divide between divorcing spouses. Other properties are more complex.

Disputes may arise due to valuation methods. These disputes may be overtracing separate property claims or the validity of certain property appraisals. Issues often arise with:

  • Ownership interests in a business, especially as they pertain to goodwill;
  • Complex investment accounts;
  • Retirement benefits;
  • Beneficiaries to a trust; and
  • Other complex property division questions.

Making an Agreement on Property Division

Property division and separation of debt are not always contentious topics. Sometimes spouses agree on how community property and debt should be separated. If you and your spouse agree on property division, then you can make an agreement that will be included in your divorce documents. Although the court will review your agreement, the judge usually approves such agreements.

If your property division is unequal, you may have to have a reason for the division that you have chosen. The judge will want to know that neither spouse is unfairly under pressure. You don’t have to agree to equal property division, but it should seem just and fair. If there is a great deviation in the property division, then you may have to state why.

Even if you and your spouse do not agree to property division details, you could go through mediation to reach an agreement. Oftentimes, such an agreement is more favorable to both sides than the determination of a judge. Your Houston divorce lawyer can help you negotiate with your soon-to-be ex-spouse’s attorney to come to a fair division of property.

Why Do I Need a Houston TX Property Division Attorney?

Most disputes involve property and are settled through talks. These talks are called mediations. Our skilled Houston property division attorneys have the skills needed to create a bespoke property settlement that protects your specific interests. We take the weight off your shoulders by managing the following aspects of your case:

  • Reviewing your assets and debts for the division
  • Mediating any disagreements.
  • Taking your case to trial if needed.
  • Answering all of your legal questions.
  • Using resources such as CPAs and forensic accountants.
  • Collecting and assessing evidence and relevant information
  • Uncovering Hidden Assets
  • Negotiating on your behalf in and out of court.

Call our Houston TX Property Division Attorney Now!

In the complicated world of family relationships, one particular aspect becomes a central point of difficulty and strong emotions: property division. Deciding who gets what when it comes to homes, money, and stuff can be challenging. This event often leads to a legal battle. Due to the confusing nature of these cases, you deserve representation and will fight for your goals and a fair division of property. This is where a Houston TX property division attorney comes in.

At Alsandor Law Firm, our attorneys and staff focus their attention on protecting your rights and the best interests of your children. We are a law firm that focuses on family law. Whether you are facing a contested or uncontested divorce or a child custody dispute, we know the difficult situation faced by your family. 

We also handle all types of Property Division cases, including:

  • Retirement accounts: QDRO orders, 401Ks
  • Equitable distribution: separate and community property
  • Real estate: home, vacation homes, business property, property exchange in-kind
  • Business assets: real estate, debts, and assets
  • Division of debts: medical debt, credit card debt, mortgage debt

Our firm is open to diversity. We give each client the resources to move forward after a tough family situation. Family legal issues can be difficult to bear on your own. Experienced legal representation can make the resolution easier. The Houston Family Law team at The Alsandor Law Firm can help. Schedule a free consultation now!