Houston Property Settlement Lawyers

Division of Community Property and Assets in Texas Divorce

In a Texas divorce, what the judge believes to be fair and equitable is how the court divides the couple's community property, assets and liabilities. Equitable does not necessarily mean equal and it is imperative to understand that the judge may choose to grant more of the community property to one of the spouses if they deem that doing so is just and right.

At The Thompson Law Firm, our knowledgeable Houston family law attorneys have years of experience assisting men and women through the course of negotiating a fair and reasonable division of property settlement. We provide steadfast representation to clients who need assistance fighting for what is right in court of law because of spouse that is being unreasonable.

Contact our office in Houston today or call 281-893-8841 to schedule a consultation with an experienced attorney. We can answer your important questions on how divorce and family laws in Texas affect your rights and obligations in a property settlement.

Community property and separate property: What's the difference?

Generally speaking, Community Property is any asset or property acquired during the marriage by ether spouse, or jointly by both spouses. Separate Property is any asset or property that was already owned or claimed by a spouse prior to the parties' marriage. Separate Property also includes gifts or inheritances received by a spouse during the marriage, as well as certain personal injury settlements acquired during the marriage. In Texas, the only assets eligible for division between the parties in a divorce are those deemed as Community Property.

Although a Texas Court is authorized to divide Community Property, it is not authorized to divide a spouse's Separate Property. However, Texas law imposes a high threshold for determining the separate property character of an asset. Moreover, if Separate Property has been sold during the marriage in order to finance the purchase of a new family home or to invest in a family business. Or if assets from an inheritance or from a premarital financial account became co-mingled with marital assets, the line dividing the community estate from a spouse's separate estate may become blurred and disputed. Such disputes frequently entail a complex marital estate.

The presence of an experienced divorce specialist on your side can frequently make the difference between a property settlement that is merely adequate and one that is custom-tailored to the particular facts and needs of your own case.

Get the Property Settlement Answers you need.

During your initial consultation, you will have the opportunity to discuss your various martital property issues with an experienced Texas divorce attorney. Contact us online to learn more or call 281-893-8841 today.