Houston Property Division Lawyer
Asset and property division is often one of the most contentious aspects of divorce. Some couples end up in litigation for years in drawn-out court proceedings, arguing over which assets belong to both spouses and which belong to each individually. An experienced Houston property division lawyer at Slate & Associates can help.
We may not only be able to help you avoid the courtroom altogether through mediation — but if you do end up going to trial, we can also help you fight to protect what’s yours.
Community vs. Separate Property
Texas is a community property state. This means that most of the property acquired during the marriage is considered owned by both spouses and thus subject to equal division. In determining what comprises community property, both the court and your property division lawyer will examine when your assets were acquired, and by whom.
While Texas courts will try to divide community property 50/50, they will also take into consideration other factors that could result in one spouse being awarded more property than the other. For example, debts, child support orders, spousal support orders, and other issues can affect the court’s decision.
Property owned by only one spouse is not subject to division. Separate property includes:
- Property one spouse acquired before marriage
- Property one spouse inherited
- Gifts one spouse received
How Does the Court Decide How to Divide Property Equitably?
When dividing property, the courts will consider the following factors:
- Whether one spouse was at fault for the breakdown and termination of the marriage
- Whether one spouse has less earning power or earning potential than the other
- Which spouse has custody of the children
- Each spouse’s education level and employability
- Each spouse’s mental and physical health
While the court will do its best to make sure that property is distributed in a “just and right” manner, oftentimes it will have little insight into your unique situation. That’s why it’s often in your best interests for you and your ex to reach an agreement on the terms of the asset division before going to court, with the help of an experienced family law attorney.
A Houston Property Division Lawyer Can Help
We know how stressful divorce proceedings can be. And when your assets, retirement benefits, or businesses are on the line, it’s crucial to have the help of an experienced property division lawyer to ensure that you protect your interests. Talk to Slate & Associates today to learn more.