Property Division Attorneys in The Woodlands Ensuring Fair and Just Property Division
Marital assets, property, and arguments over “who gets what” drives much of the divorce process. Property division is one of the leading causes of disputes in divorce proceedings. Our property division lawyers ensure the legal process is as seamless as possible to avoid unnecessary disagreements that cost our clients more time and money they can’t get back.
Texas law is a community property state, and spouses share in the liability, debt, and profit of any properties, earnings, and assets purchased during the marriage. Spouses must divide marital property equally, and the court must approve or decline based on what they believe is fair under this law.
The property division process is nuanced, and the laws are everchanging in Texas. Our property division lawyers help our clients easily navigate all property-related decisions, from separate and community property to personal property and assets acquired during the marriage. We also ensure our clients walk away with any property or assets acquired before marriage or fight for what’s rightfully theirs.
There are many unique circumstances during property negotiations that might put you at a disadvantage without legal representation, like hidden assets or business ownership, to name a few examples. A property division lawyer with Morgan Bourque Attorney at Law is the only legal resource you need to facilitate a property division agreement on your behalf.
Our law firm is experienced in handling property division cases and takes a firm but fair approach to get results for you.
What are My Property Rights?
There are two ways property is divided in Texas: community property and personal property or separate property. Property division is best handled by experienced property division lawyers like Morgan Bourque Attorney at Law, as we understand the intricacies of Texas property laws and what you’re entitled to regarding your marital estate.
The state believes any assets, earnings, or property acquired during the marriage should be split 50/50 between two spouses. This is community property law, and it makes no difference who paid for what during the marriage, whose name is on the title, contract, or banknote.
If money was made or a home was purchased during the marriage, both spouses are entitled to half. The same goes for any debts or liabilities. Separate property, on the other hand, ensures one spouse can take what’s rightfully theirs as long as it was acquired before the marriage.
There are often bitter disputes regarding what constitutes separate and community property, as the two concepts can easily blur together. Our attorneys must help our clients overcome any presumptions regarding particular property and prove, with clear and convincing evidence, that it is separate property, not community property.
There are many ways we advocate for our clients during property division disputes. Book an initial consultation with a property division lawyer to discuss your property division case: 713-766-3733.
What is Community Property in Texas?
Texas is one of the few states that practice community property jurisdiction. Community property means that both spouses equally own the property they purchased during the marriage and any other earnings. Property law in Texas dictates that couples must split property right down the middle in a “fair and just manner.”
There often can be confusion on what constitutes fair and just, and our property division attorneys make sure our client’s rights are protected to avoid any inequity. Community property might include income from employment, vehicles, unemployment compensation, bank accounts, and real estate.
Community property division is a simple approach as it reduces disputes regarding who gets what. This can feel unfair to some spouses, however. In the absence of property, some spouses might request more spousal maintenance or pursue other financial opportunities to balance it out.
Several factors determine a final decision regarding community property, including fault in the divorce, income disparities, amount of community property, financial decisions in the marriage, and reimbursement.
We help our clients understand their community property rights and reach a fair and equitable resolution with their spouse regarding any separate and community property and other assets.
Who Inherits Separate Property?
People are getting married later in life, so it’s more common today for couples to come to the table with assets acquired before marriage. Separate property is any property or assets accumulated before the marriage, including gifts. Examples of separate properties include:
- A spouse’s house before marriage
- A vehicle gifted to a spouse by a parent
- Jewelry is given to a spouse by the other spouse.
- Any retirement contributions in a spouse’s retirement account before marriage
- A spouse’s inheritance
- A spouse’s personal injury settlement from an accident that resulted in injuries
While this is the law, our attorneys must still prove our client’s owned the property, assets, or funds before marriage. There needs to be some trail or documentation to prove this. Otherwise, it might be lumped in as community property.
Separate property can be tricky as there are some exceptions. For instance, a house or car purchased before marriage is considered individual property. Still, if mortgage or vehicle payments were made with community property funds during marriage, the other spouse can ask for a reimbursement.
We help you get reimbursed for separate property or fight against an unfair spouse in the property division process. Schedule an initial consultation with our attorneys to discuss your property division concerns: 713-766-3733.
Do I Need a Property Division Attorney?
It’s not easy to reach a fair settlement regarding property or assets in the marriage, even when the law is clear about equitable distribution. What’s fair doesn’t always translate to both spouses, and the last thing we want for our clients is for a spouse to walk away with a large portion of the marital estate.
Before we take any property division case, we help our clients prepare for negotiations and what a settlement might look like. We review several factors to reach a possible value, including:
- The Length of marriage
- A prenuptial or postnuptial agreement in place
- Age of both spouses
- Standard of living during the marriage
- Any alimony or child support involved
- How both spouses contributed to the marriage and caretaking of minor children
- Both spouse’s individual earning power
- Health and mental status of both spouses
We empower couples to come together to reach a property division agreement that’s in the best interest of both parties and follows Texas law so that a disagreement doesn’t lead to costly litigation. There are enough tough decisions that are part of divorce proceedings and property division, and we aim to help our clients eliminate as much hassle as possible.
Approach property division and divorce with an experienced legal team dedicated to taking action and protecting your financial well-being. Book an initial consultation with a property division attorney today: 713-766-3733.