HOUSTON COMPLEX PROPERTY DIVISION ATTORNEY
Dividing property can be one of the most complicated aspects of a divorce. When a couple owns complex assets, such as multiple properties, extensive retirement accounts, or business ownership interests, they need an experienced property division attorney who understands how to value and identify marital interests. Failure to adequately address such property and related claims could result in significant losses to both parties.
At Moffett Law Firm, we are highly skilled and experienced in identifying complex marital property assets and related claims as well as identifying and confirming your separate property. Separate property may include property that was owned before marriage, assets inherited or gifted during the marriage, or those acquired during marriage with separate property funds. Our Houston complex asset division lawyers can work with knowledgeable experts who can analyze commingled assets and uncover hidden assets.
How Are Complex Assets Defined in Texas?
Complex assets generally have a high value and may have a complicated ownership structure, such as a business partnership or something that actively involves participation from both partners. Analyzing complex assets may require a professional to formally evaluate their worth. We have handled numerous cases involving the division of complex marital assets, including but not limited to:
- Real estate holdings
- Privately held businesses and partnerships
- Professional practices
- Pension and retirement accounts
- Investment accounts and properties
- Stock options and deferred income
- High-value cars, jewelry, and art
- Trusts, stocks, and investment portfolios
Complex property issues often involve areas of expertise outside the scope of divorce law. Moffett Law Firm consults and collaborates with a wide network of professionals when dealing with complex assessments and evaluations.
The Difference Between Community and Separate Property
One of the most important aspects of complex property division is determining what is identified as community property and what is identified as separate property. When a couple divorces, only the community property estate is divided, and it is done so equally or subject to a just a right division in Texas. Texas law requires that the community property estate be subject to a just a right division – that does not automatically mean that the community estate is split 50/50 between divorcing spouses. This includes everything the couple acquired while they were still legally a couple, including:
- Vested or non-vested stock benefits
- Pension funds
- Retirement funds
- Insurance cash value
- Deferred compensation
This does not mean an even split numerically, but instead a split that is considered a just a right division of the community property assets based on numerous factors. Often, things that were not originally community property can become so through a process called commingling. For example, if one partner if one spouse inherited funds during the course of the married and deposited those funds into the joint community checking account and those funds were then used to pay living expenses such as buying groceries, paying for a vacation, paying utilities, paying for private school tuition, etc., then those funds were “comingled” with community property funds in the community property joint checking account and ceased to be the separate property of the spouse who inherited the funds. Navigating how to best proceed can be tricky and take considerable negotiation, which is why it is recommended to retain an experienced complex property division attorney.
How Can a Houston Complex Property Division Lawyer Help?
There are numerous factors at hand when it comes to dividing your complex property with your former spouse. This can include:
- The duration of the marriage
- The nature of the divorce
- Each party’s financial situation and occupation
- Each spouse’s contribution to the payment of liabilities
- Age and health of each partner
- Earning power
The Houston complex property division lawyers at Moffett Law Firm are well prepared and experience with complex property division and the nuances of determining the character of property. They will work with you to ensure you keep what is rightfully yours while dividing up marital assets in a way that is representative of all parties’ needs. Complex property division takes a lot of hard work and consideration to determine how everything is divided. It is easy to make a mistake and lose your valuable property or assets. Don’t try to do this alone.
Let a Dedicated Houston Complex Property Division Attorney Fight for Your Interests Today
At Moffett Law Firm, we understand that your financial future is at stake, and we will fight to protect your interest in the property and claims in dispute. If we cannot reach a property settlement with the other side, we are ready to take your argument to the courtroom.
If you are facing a divorce with the type of property mentioned above, or if you are still unsure whether your divorce involves complex property, we can help. Call (713) 333-5800 or contact us online to arrange a consultation with one of our Houston complex asset division lawyers.