Texas is a community property state. At the time of divorce, all community property is to be divided between the two spouses in a "just and right" manner. The court presumes that any property owned by spouses at the time of divorce is community property. Any debt that spouses incur during marriage is also presumed to be community debt. Separate property is generally defined as property owned by a spouse prior to marriage or property acquired by inheritance, devise, or gift during the marriage. The Court has no power to divide separate property or award the separate property to the other spouse.
The key to property division is accurately characterizing the assets and debts as community or separate property and assigning an accurate fair market value to each of them. Complex rules govern claims by one estate against another estate for reimbursement or economic contribution. At Christiansen Law Firm, we have extensive experience in complex property division cases, including business valuation, real estate, pension and retirement accounts.
Community property in Texas does not have to be distributed equally to constitute a just and right division. This means that there is a lot of room to negotiate in the division of the community property. Our attorneys have been successful in winning our clients a larger portion of the community property, especially when we can prove fault by the other spouse during the marriage.
Our attorneys have significant experience in Texas family law cases. We have helped numerous clients resolve their property division disputes. We are committed to getting you a favorable outcome in your divorce.
Contact our firm today to discuss your property division questions. With convenient locations in Houston and San Antonio, you are never far from the help you need. We are available during regular business hours and by appointment.
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