Property Division Attorney in Houston, Texas

As a family law attorney in Houston, Texas, I understand that property division is often one of the most difficult and emotional parts of a divorce. Texas is a community property state, meaning that most assets acquired during the marriage are subject to division. 

Many of my clients throughout Houston, Texas and surrounding areas, including Richmond, Katy, Cypress, Spring, Humble, Louetta, Howellville, and beyond, come to me with questions about how property division works, what’s considered community property, and how they can protect their financial interests during a divorce.

Community Property vs. Separate Property

In Texas, property acquired during the marriage is generally considered community property, which means it’s jointly owned by both spouses and subject to division upon divorce. However, there are exceptions. Some assets may be classified as separate property, meaning they belong solely to one spouse and aren’t subject to division.

Community property includes income, assets, and debts acquired during the marriage. It doesn’t matter whose name is on the title—if it was acquired while married, it’s likely considered community property.

Separate property includes assets acquired before the marriage, as well as inheritances, gifts, and personal injury settlements received by one spouse. However, it’s essential to keep separate property segregated, as mixing it with community property can complicate its classification.

Understanding what counts as community or separate property is crucial to achieving a fair division. One of my roles as an experienced attorney is to help clients identify and document their separate property to protect their interests during the division process.

How Property Division Works in Texas

While Texas is a community property state, property division doesn’t always mean an equal 50/50 split. Texas family law courts use a standard known as "just and right" division, which considers several factors to determine a fair division of marital assets. In other words, the court aims to divide property in a way that’s fair and equitable, rather than strictly equal.

Key Factors Considered in Property Division:

The court considers various factors when determining how to divide community property. Here are some of the main elements that may influence the court’s decision:

• Earning capacity and income: The court may consider each spouse’s earning potential and financial situation to confirm that the division is fair.

• Health and age: If one spouse has health issues or is older and less able to work, this may factor into the division to provide adequate support.

• Contribution to the marriage: This includes both financial contributions, like income, and non-financial contributions, such as raising children or managing the household.

• Fault in the marriage: Texas courts may consider fault, such as adultery or cruelty, when determining property division. While fault isn’t the primary consideration, it can impact the division in some family law cases.

• Child custody arrangements: If one spouse has primary custody of the children, the court may award a greater share of the marital home or other assets to work toward stability for the children.

Steps in the Property Division Process

Dividing property in a divorce involves several steps, from identifying assets to reaching a final agreement. Here’s an overview of what you can expect:

1. Inventory and appraisal of assets: The first step is identifying all marital assets, including bank accounts, retirement funds, real estate, vehicles, and personal property. In some cases, you may need to hire appraisers to determine the value of specific assets.

2. Classification of property: After identifying the assets, whether each item is community or separate property is determined. This step is crucial because separate property won’t be divided in the divorce.

3. Negotiation and mediation: In many family law cases, a fair division outside of court is negotiated, either through direct negotiations or mediation. Mediation is an opportunity for both spouses to work with a neutral third party to reach an agreement.

4. Court intervention: If you and your spouse can’t reach an agreement, the court will decide on property division based on Texas’s "just and right" standard. The judge will consider the factors mentioned earlier to reach a fair distribution.

Commonly Divided Assets in Texas Divorces

The types of property divided in a divorce can vary widely. Here’s a list of some of the most commonly divided assets in Texas divorces:

• The family home: The marital home is often the most valuable asset. In some cases, one spouse may buy out the other’s share, or the home may be sold, with the proceeds divided between both spouses.

• Retirement accounts and pensions: Retirement accounts, including 401(k)s, IRAs, and pensions, are considered community property to the extent they were funded during the marriage. These accounts are typically divided using a Qualified Domestic Relations Order (QDRO).

• Business interests: If one or both spouses own a business, it will likely be subject to valuation and division. The division of a business can be complicated, and having an experienced attorney is critical to protecting your interests.

• Vehicles: Vehicles are generally treated as community property if purchased during the marriage, even if one spouse primarily drives or maintains ownership.

• Investment accounts and real estate: Stocks, bonds, mutual funds, and investment properties are considered community property unless acquired before marriage or as part of separate property.

How I Can Help You Handle Property Division

As an experienced family law attorney, my role is to help you protect your rights and assets during property division. Here are some ways I assist clients in this process:

• Assessing and documenting assets: I work with you to create an inventory of all assets, including appraisals if necessary, to establish a comprehensive understanding of your marital estate.

• Tracing separate property: If you have assets that predate the marriage or were received as a gift or inheritance, I’ll work to document them as separate property to prevent them from being included in the division.

• Exploring settlement options: I aim to help clients resolve property division matters through negotiation and mediation when possible. Settling out of court saves time, reduces costs, and allows you more control over the outcome.

• Representing you in court: If negotiations don’t lead to an agreement, I represent your interests in court, presenting a strong case based on Texas law and advocating for a fair division.

Practical Tips for Managing Property Division

Traversing property division can be challenging, but here are a few practical tips to help you approach the process more effectively:

• Gather financial documents early: Start gathering documents such as bank statements, mortgage information, and investment account records early in the process. This will help streamline the division process.

• Avoid commingling separate property: If you have separate property, avoid mixing it with community property during the marriage, as this can make it harder to claim it as separate during a divorce.

• Maintain open communication: While it’s not always possible, open communication with your spouse can make the property division process smoother and help settle sooner.

• Stay informed: Understanding how Texas law works can help you make informed decisions. Don’t hesitate to ask questions if you’re unsure about how a particular asset will be treated.