Property division can be an extremely complex process in a Texas divorce. As a community property state, the Texas courts seek to divide all property obtained by either spouse during the marriage equally between the parties, with few exceptions. Any assets owned by the spouses prior to the marriage are considered separate property and may not be included in the division, but it needs to be proven that they are indeed separate property.
To protect your right to a fair share of the marital property, it is important that you have a qualified Dallas-Fort Worth-area attorney representing you from the start. At the law office of Phillip A. Linder, we have more than 20 years of experience in these family law matters.
Committed To Protecting Your Property Rights
The most important aspect of many property division cases is distinguishing community property from separate property. This portion of the process can be difficult to resolve, especially when there are disputes over how a particular asset should be categorized. We work closely with you to understand which assets belong to you exclusively and which should be considered community property.
These disputes can become increasingly complex in cases where an alleged separate asset was commingled with community property. If you received a cash inheritance and used the money to make home improvements, for example, it can be considered community property. If you believe that a particular asset is your separate property and your spouse is claiming otherwise, we will present a strong argument to support your position in the matter.
In addition to the characterization of community and separate property, there is the issue of valuation of the assets. Great care must be taken to determine how much the assets are worth, and often that means bringing in specialists on valuation. This is particularly true in cases involving unique or high-value assets, such as:
- Businesses or business interests
- Retirement accounts
- Local or out-of-state real estate holdings
- Ranches or farms
- Investment accounts
How Property Is Divided
Texas law requires that property be divided equitably, though not necessarily equally. Many factors must be taken into consideration. We conduct a thorough review of the case and work with you to understand your goals. Attorney Linder majored in finance at Baylor University and comes from a finance and accounting background, so we are well-positioned to handle complex financial matters. We will advise you on how to approach the asset division and work to secure the most favorable property settlement available.
Discuss Property Division In A Free Consultation
For more information about how a dedicated lawyer can help you achieve a fair division of property, call us at 214-431-4617 in Dallas or at 972-649-6490 in Allen, or email us.