HOUSTON PROPERTY DIVISION ATTORNEYS
Most divorcing couples have a difficult time deciding how they should divide their property, and the matter often results in a legal battle. Solutions are not always obvious, and some may feel they are not receiving fair treatment. Couples with high net worth or complex assets tend to have a more complicated process. Due to the confusing nature of these cases, you deserve representation and will fight for your goals and a fair division of property.
At Moffett Law Firm, our property division attorneys have 30 years of collective experience dealing with complicated property divisions and understand how Texas law will affect the property in your divorce. Our dedicated Houston property division lawyers strive to provide unmatched legal guidance and help you grasp the full scope of your property division case. We handle every aspect of your case, including mediation and litigation, so you can have a less stressful legal experience.
What Is the Difference Between Community and Separate Property in Texas?
When dividing property in a divorce, some property is yours to keep while others are up for division. According to Tex. Fam. Code § 3.001 (2022), separate property is any of the following:
- Property you owned or claimed before marriage
- Property you acquired during the marriage as a gift, descent, or devise
- Recovery of any damages for a personal injury you sustained during the marriage
Separate property primarily involves any assets you or your spouse obtained before the marriage. If you acquired property during the marriage, Texas law considers this community property, or property shared between you and your spouse that the court can divide. This means even if you purchase something with your credit during your marriage and only use it for yourself, it is still considered community property. Examples of community property include the following:
- Real estate
- Retirement accounts
- Household items
- Credit cards
- Personal loans
Texas does allow you to argue that property you acquired during your marriage is shared, but you need to present strong evidence to prove this is true. Because every property division case is unique, we evaluate your situation carefully to ensure you receive the property you deserve.
How Does Texas Divide Property in Divorce?
When dividing your community property in your divorce, the court does not simply split everything in half. Instead, Tex. Fam. Code § 7.001 states the court must divide the community estate of the parties in a “just and right manner.” This means the court may divide the community estate in any manner the court determines to be “just and right” based on the facts of the case. When making this decision, the court may consider the following:
- Spousal maintenance
- Each party’s financial situation
- Past behavior
- Each spouse’s health
- Which spouse has custody of the children
- Tax issues
- Fault for the divorce
- Each party’s ability to support themselves
We may help you work with your spouse to agree on property division outside of court to prevent a long-term, expensive legal battle. Once you and your spouse have curated your written property division agreement, the court will review and decide if it is just and fair. Our professional lawyers can help you with the document to avoid extensive revisions.
Why Should You Hire a Houston Property Division Lawyer?
Most cases, including those involving complex property issues, are resolved through settlement negotiations or specifically through mediation. At Moffett Law Firm, we understand the various issues involved in property settlements. Our talented Houston property division attorneys have the experience necessary to craft a specialized property settlement that protects your unique interests. We take the weight off your shoulders by handling the following elements of your case:
- Reviewing your assets and debts for the division
- Mediating any disagreements
- Taking your case to trial if necessary
- Answering all your legal questions
- Utilizing resources like CPAs and forensic accountants
- Gathering and analyzing evidence and important information
- Uncovering hidden assets
- Negotiating on your behalf both in and out of court
While we fight tirelessly to settle your case out of court, our Houston asset division attorneys are ready to fight for your interests in court if negotiations fall through. We believe communication is the key to a successful outcome, so we give you and your case the personalized attention you need to achieve your goals.
Speak to a Knowledgeable Houston Property Division Lawyer at Moffett Law Firm
If you are facing a divorce in Houston, the process involves dividing all the property you share with your spouse. This emotional process is rarely easy. Moffett Law Firm’s compassionate lawyers will provide the support you need. Our Houston property division lawyers have 30 years of collective experience and thorough knowledge of Texas laws regarding these matters. Therefore, you can trust them to negotiate an agreement that the court will deem just and right.
Regardless of your circumstances, we listen to your story, inform you of your rights, investigate the situation, negotiate a swift solution, and fight for you. We always have your best interest in mind and provide top-notch legal services you can trust to achieve positive results. Give us a call at (713) 333-5800 or fill out our contact form to schedule a consultation with a family lawyer.