The division of the couple’s property and other assets is one of the most difficult issues in any divorce. Our law firm can help you in a variety of situations, such as when you suspect your partner is hiding assets or when you have specific goods that you want to keep for sentimental reasons.
Our Corpus Christi property and asset division lawyer is a board-certified family law specialist with extensive experience dealing with real estate law and marital property issues. You can rely on us to assist you throughout the process, from negotiating a settlement with your spouse to defending you in court.
Texas uses the community property system, as opposed to the equitable division method used by the majority of other states. All property acquired by either spouse during the marriage (other than any separate property acquired by either spouse) is considered community property and is thus held equally by both partners.
According to these rules, until proven otherwise, all property is presumed to belong to the community. Items purchased or possessed prior to the marriage, as well as those inherited or received as gifts, are considered separate property.
The following are examples of separate properties:
In Texas, the laws governing property division can be quite complicated. If you and your spouse cannot agree on the ownership of certain assets, you may be required to locate and provide substantial evidence to support your position. Hiring an experienced property division attorney in Corpus Christi, TX may help you make sense of the family law matters involved in dividing your assets.
We are committed to collaborating with you in order to find a solution that meets your needs. Aside from asset division, our law firm can also assist you in cases involving determining child conservatorship, child custody, and child support.
When a couple decides to divorce, they must deal with a slew of pressing issues, one of which is the equitable distribution of their property. When people discuss their property, they are referring to tangible goods such as their homes, automobiles, money, and other valuables, as well as their obligations.
The question of how to divide property in Texas will be resolved in one of two ways. To begin, the couple may agree to divide their property. In such a case, the spouses would typically sign a Marital Settlement Agreement outlining the property division terms. Second, if a couple cannot agree on how to divide their property, the district court where the couple’s case was first filed will decide how the couple’s property will be divided. After the judge issued the order, the divorce decree would include the court’s ruling on the distribution of the couple’s property.
Each state has its own system for distributing property. Because Texas is a community property state, if a husband and wife are unable to agree on how to divide their marital possessions, money, and debts, those things will be divided equally between them. This is true from the beginning of the marriage until the end of the marriage. Any property acquired prior to the marriage, such as through inheritance, will be recognized as separate property and will not be included in the communal property pool. This ensures that the distinct property is occupied by its legitimate owner, who continues to enjoy all of its benefits.
Divorce involves a slew of issues, not the least of which is the division of marital assets. If you have questions about how to divide assets or property under Texas or community property law, contact the Law Office of Kelly Koch right away.
Our law firm understands how upsetting and unpleasant the divorce process can be. Contact us to learn more about how we can help you with divorce-related issues like property distribution.
Texas law, as a community property state, requires an equitable distribution of all marital assets and obligations upon divorce. The laws governing the use of communal property are subject to the three exceptions listed below:
Debts and assets are treated similarly. A debt incurred prior to the couple’s marriage will not be divided by the court. The courts also prefer that a debt be kept with the same person who owns the property to which the obligation is attached. This is done so that the debt can be tracked more easily.
We strongly advise taking this route if a just and equitable solution can be reached through discussion or mediation. But if it isn’t, we will go to court and fight for you. We will present your argument to the court in a clear and compelling manner, ensuring that your position is recognized and adhered to as faithfully as possible.