Pearland's Leading Property Division Lawyers for Divorce Cases

Securing Your Assets: Fair Property Division in Harris County

In every divorce, the court has to divide property that was acquired during the marriage in a just and fair way. This does not always mean a 50-50 distribution. There are multiple factors that affect how the property is divided during a divorce including fault, waste, fraud, and violence. When you choose to work with the divorce attorney at The Dieye Firm, you are choosing to work with a Pearland property division lawyer who will aggressively protect your rights and interests to obtain a positive outcome.

Call our office at (832) 299-1990 or contact us online to schedule your initial consultation. We serve residents of Harris County and the surrounding areas. 

Understanding Community Property Laws in Texas

Texas is a community property state, meaning that any property acquired during the marriage is considered community property. The presumption in Texas is that all property acquired during the marriage belongs to both spouses. Any spouse asserting that a piece of property is their separate property must prove it with clear and convincing evidence. Because there is no legal separation in Texas, any property the parties earn up until the date of divorce is presumed to be community property.

Defining Separate Property in Divorce Proceedings

Separate property is any assets a party acquired before the marriage. Certain assets either party acquired during the marriage may also be considered separate in some cases.

These assets include:

• gifts awarded to one party
• inheritances
• monetary compensation from personal injury cases
• property gifted to one party

Division of Assets: The Texas Approach

The first step parties must take is to first identify every piece of property whether community or separate. A detailed inventory and appraisal is necessary to assist the court in dividing the property. A value is assigned to each item of property. Depending on the asset, this could be quite a task. Valuing real property for example often requires the expertise of a real property appraiser. Determining the value of a business might need the assistance of a forensic accountant or business appraiser.

Key Factors in Equitable Property Division

Texas courts are required to divide property in a manner that is just and right.

The court looks at multiple factors in deciding what would be fair distribution, including:

• the earnings potential of each party
• the education and training of each party
• the age and health of each party
• the value of the separate property each spouse has
• any fault leading to the breakup of the marriage

This means that courts might award one spouse a slightly higher percentage of the estate than the other, depending on the facts and circumstances of the case. One spouse might also be entitled to a reimbursement, particularly if they used their separate property to increase the value of the community estate. This is commonly seen when one spouse uses their inheritance to renovate or extend the marital home.