Sugar Land Property Division Attorney
A Strategic and Compassionate Lawyer for Spouses in Fort Bend, Harris, and Brazoria Counties
If you are facing divorce and have concerns about how your assets and debts will be divided, contact Tracton Law Firm for legal assistance. With more than 40 years of practicing family law and representing thousands of clients in divorces, I know how to help couples reasonably and fairly divide their property, assets, and debts. I take a compassionate approach to conflict resolution, especially in cases like property division that can be emotionally and financially strenuous. I can help you with the following types of property division issues:
- Asset investments
- Business professional practices
- Complex property division
- Retirement accounts and pension plans
Schedule a free initial consultation with me to discuss your property division concerns in more detail.
Establishing Community and Separate Property
The general standard of dividing property as a married couple in Texas is through equitable distribution. Under the equitable distribution standard, all assets, property, and/or investments that were acquired during the marriage are automatically assumed to be community property and thus will be divided in a fair and equitable way between both parties. Some examples of community or marital property that may be divided are:
- the family home;
- personal property (jewelry, clothing);
- income, dividends, benefits;
- retirement accounts that either spouse contributed to during the marriage.
However, certain property is considered to be separate from the marriage and owned solely by one spouse, not to be divided between the couple. Generally, separate property is anything that belonged to one spouse prior to the marriage and was kept separate throughout the marriage, such as an inheritance or a gift made to one spouse alone.
Proper identification of property is fundamental to your financial health following a divorce. If you have questions about what property is considered community and what you might retain as separate property, I can help. I have handled the division of many types of assets, including retirement plans, investment assets, and other separate property, and I know how to find ways to establish your property as separate and not communal.
How the Court Will Decide
Note that equitable distribution does not mean an equal 50/50 split. The court can decide what is deemed a “fair” division based on the following factors:
- the education, ages, and health of each spouse, as well as their earning capacities, skills, and business opportunities;
- whether a spouse is the primary caregiver for the children;
- the amount of separate property each spouse owns; and
- whether one spouse was at fault in causing the divorce.
You and your spouse can negotiate a division agreement without having to go to court, but if you cannot cooperate, or if there are some disputes you cannot agree on, the court will make the final decision. The court will usually accept a proposed agreement, so it is recommended to work with a property division lawyer to at least attempt negotiation.
Our office, conveniently located in Sugar Land, offers clients a comfortable environment in which to consult with a professional, results-oriented lawyer. As your attorney, I will work with you to establish your financial well-being post-divorce in the context of your community and separate assets and debts. With a sympathetic ear, I will listen to your concerns and work to find an equitable property division solution that fits your current and future needs, whether you are going through a high asset divorce or uncontested separation.
Contact me online to schedule your free initial consultation to get started. Let’s protect your property and your financial future.