THE WOODLANDS PROPERTY DIVISION ATTORNEY
Getting a divorce is complicated, especially when dividing property. Texas laws can be difficult to understand, and spouses often argue about equitable distribution. Tensions can run high, making it challenging to reach an amicable agreement. Fortunately, our Moffett Law Firm lawyers can help you determine how to divide your property in your divorce and fight for your rights.
We have proudly and successfully represented clients in the Woodlands area in our 30 years combined experience. Our innovative solutions and personalized legal services provide you with a plan tailored to your objectives. We strive to ensure you are treated fairly during the property division process by protecting your rights and informing you of all your legal options. Our compassionate lawyers understand the process can be overwhelming, so we do everything possible to make it less stressful and give you the tools you need to make the best decisions for your future.
How Is Property Divided in The Woodlands Divorce Cases?
While you may assume property is divided 50/50 in Texas divorces, this is not necessarily true. Texas is a community property state, which means spouses equally own the property they acquired during marriage, including debts. However, the law states that this property must be divided justly, which does not always mean an even split. The details of the types of property involved in Texas divorces include the following:
Community property is the property a couple acquired during the marriage, except for separate property. Common types of community property include the following:
- Intangible property like bank accounts, income, and benefits
- Credit card debt
- Mortgage payments
- Personal property loans
Because this is a broad category, courts often assume any item you own during your marriage is community property per Texas law, so it’s crucial to have a knowledgeable Woodlands property division lawyer that can provide clear evidence that distinguishes community and separate property, so you get your fair share.
According to Tex. Fam. Code § 3.001 (2022), separate property is any tangible or intangible item that falls into one of the following categories:
- Property claimed before marriage
- A gift from a third party or another spouse
- Property acquired through inheritance or descent
- Damages recovered for personal injuries during the marriage, except any compensation for loss of earning capacity
We understand the laws regarding community and separate property can be confusing, so we can help you review your belongings and determine what you can keep for yourself and what has to be divided. Our skilled Woodlands property division attorneys can also help you gather clear and convincing evidence that your separate property should be classified as such.
What Does the Court Consider When Dividing Community Property in Texas?
When dividing community property in the Woodlands divorce cases, the court considers different factors to make a fair and right decision. According to state law, these factors include the following:
- Fault in the divorce like drug use and adultery
- Difference in earnings between the spouses
- Each person’s health history
- Tax issues
- Each spouse’s employment and education
- Where you acquired the property
We do everything possible to settle property division out of court, including helping you and your spouse create a written settlement agreement. Once the court receives the agreement, they review it and decide if the terms are just. If they approve of the agreement, they incorporate the terms into your divorce order, but you will have to revise the agreement if they don’t approve.
We want to make the property division process as hassle-free as possible, so we use our thorough understanding of the law to ensure the court’s approval. Our devoted Woodlands property division lawyers consider your needs and objectives at every step. If we cannot settle your case outside court, we are prepared to go to trial.
Reach Out to a Seasoned Woodlands Property Division Lawyer at Moffett Law Firm in the Woodlands
Property division can be one of the most challenging and time-consuming aspects of a Texas divorce. While it may seem like an easy solution to split everything 50/50, this is not always the fairest resolution. Whether your property is valued at $500 or $5,000,000, you deserve top-tier representation that will fight for your rights and future. At Moffett Law Firm, we advocate for fair treatment every step of the way, so you don’t have to go through the process alone.
In our three decades of collective experience, our lawyers have worked on the most complicated property division cases, giving us a clear understanding of how Texas law can affect your divorce. Regardless of your circumstances, we listen to your story, explain your rights, and negotiate a fair solution with our unmatched mediation and litigation skills. Call our Woodlands property division lawyers at (713) 333-5800 or fill out our contact form to schedule a consultation.