KINGWOOD PROPERTY DIVISION ATTORNEY

When navigating a divorce, one of the most critical issues to resolve is the division of your marital property and assets. Property division can be contentious and complex, especially when substantial assets or businesses are involved. If you are facing divorce in Kingwood, it is essential to seek the representation of a skilled property division attorney to protect your rights and financial future.

The trusted attorneys at Moffett Law Firm understand the emotional challenges of dividing property during a divorce. Our Kingwood property division lawyers are committed to supporting you during this trying time while fighting aggressively for your interests and emotional well-being. We have 30 years of combined experience helping our clients in Kingwood achieve their goals and are ready to apply their extensive knowledge and skills to your unique case.

What Is Classified as Community Property in Texas?

There are two property types in a Texas divorce: separate and community property. While separate property typically refers to property acquired before the marriage, community property is any assets or debts acquired during the marriage. However, this rule has a few exceptions, including one spouse’s inheritance or any jewelry gifted between the spouses.

During a divorce, the couple’s community property must be divided fairly between the two parties. Some common examples of community property in Texas include the following:

• The balance of any checking and savings accounts, whether they are single or joint
• Employment income, including salaries, tips, and overtime pay
• Unemployment compensation
• Any houses or other real estate properties purchased during the marriage
• Contributions to pensions, 401ks, or other retirement accounts during the marriage
• Any vehicles purchased during the marriage, regardless of the name on the title.
• Credit card debts acquired during the marriage

This is not an exhaustive list; many different types of debts and assets may be classified as community property. An experienced Kingwood property division lawyer can take a comprehensive inventory of your property and determine how each item may impact your case.

Factors That Impact Property Division in Kingwood

When couples dissolve their marriages, all community property must undergo a just and right division process. While this results in a 50/50 split for some, what is fair may be more complicated for others. Some factors the court will consider when determining property division include the following:

• Whether one spouse was at fault for the breakdown of the marriage
• Disparities in earning capacity
• Each party’s health
• Age disparities
• The amount of community property
• The amount of separate property
• Any anticipated inheritances
• Tax considerations
• Loss of benefits access
• Property that poses unique issues
• Contributions as a homemaker

If one party was at fault for the failure of the marriage by adultery, violence, or abandonment, the court may rule that the other spouse deserves compensation and award them more property in the divorce. At Moffett Law Firm, our seasoned Kingwood property division lawyers can analyze your case and advise you on how the circumstances in your life may impact the division of marital property.

What Are Waste and Reimbursement?

The court will consider any issues of waste or reimbursement when deciding on fair division of your community property. Sometimes one spouse will squander community assets out of spite or as an emotional reaction to getting divorced. If one spouse is found by the court to be purposefully wasting assets, they may award the other spouse more property as compensation.

On the other hand, sometimes, one spouse may contribute a significant portion of their separate property to the marriage and use it to benefit both parties. For example, one spouse may have used a substantial part of their inheritance to purchase a home. In that case, the court may reimburse the spouse for using their separate property out of the community property.

Waste and reimbursement issues can make an already emotionally charged process even more complex. Fortunately, a skilled Kingwood property division lawyer can work to understand every detail of your case and advise you on the factors that apply to your situation.

Speak to a Trusted Property Division Attorney at Moffett Law Firm

The skilled Kingwood property division attorneys at Moffett Law Firm understand that every divorce is unique and comes with complexities and challenges. We pride ourselves on taking a personalized approach to every case to ensure your needs are heard and addressed. Our attorneys have three decades of combined experience helping their clients in Kingwood and the neighboring areas protect their rights, interests, and financial futures.

When you choose us, you choose a fierce advocate who will fight for the best possible outcome on your behalf. To learn more about how our talented team can help you, call us at (713) 333-5800 or complete our contact form today.