Houston Divorce Property Settlement Attorney
If the couple is unable to reach an agreement, the court divides the their community property, assets, and liabilities. The judge divides community assets in a “just and right manner”, yet that does not necessarily mean that it is split 50/50. It is important to have a stern divorce lawyer that can assert your claim or defend your assets. Call Ashley J. Scott, a professional divorce attorney in Houston, for sound legal advice concerning your divorce property settlement.
Divorce Property Settlement in Texas
In the state of Texas, almost all property that is acquired during marriage is presumed to be community property, while the assets of each spouse prior to marriage is presumed to be separate property. Property possessed by either spouse during the dissolution of marriage is considered to be community property unless clear and convincing evidence is presented to indicate otherwise.
Property owned by the spouse prior to marriage is considered to be separate property. Moreover, if a spouse acquired property during the marriage by gift, devise, or descent, it may also be separate property. However, if there is a question as to when or how the property was obtained, it is important to have an attorney that understands the tracing method to prove the origin of the property. A party’s separate property is not subject to division by the Court.
On the other hand, community property (including assets and liabilities) is subject to division. Community property comprises a wide variety of assets, including, but not limited to:
- Real and personal property;
- Income and rental income;
- Stocks and bonds;
- Savings and checking accounts;
- Retirement benefits;
- 401 (k) accounts;
- Patents and copyright royalties;
- Life insurance.
Community property it is not always divided in a 50-50 manner. There are different factors a Court may consider in dividing property in a just and right manner. A few of these factors include fault in the breakup of the marriage, disparity of income, separate property owned by one spouse, among others. The factors are applied on a case-by-case basis.
The Right Divorce Attorney In Houston, TX
Whether you are in perfect agreement or you are dealing with an unreasonable spouse, a divorce attorney is essential in reaching a just and right division of property.
When dealing with something as important as your personal financial value, it is essential to have a lawyer that defends your property. By the same token, it is equally as important to have an attorney that will passionately pursue the property that you believe you are entitled to.
Even if you and your spouse were able to reach an agreement without the help of a lawyer, a qualified divorce attorney should help you formalize the property settlement. This helps avoid legal issues down the line, saving you money and time in the long run.
Ashley Scott is a divorce attorney in Houston, TX that will assert your claim to the property you are fighting for. Call 713-255-2097 of contact us online to learn more about divorce property settlements and to discuss your marriage dissolution.