The Woodlands Property Division Attorneys
One of the most important decisions made during the divorce process is how property and debt will be divided between spouses. At Shriver & McLean, L.L.P., our attorneys ensure clients leave their marriages with the property and financial resources they need to move forward with their lives in the most financially stable manner possible.
Located in The Woodlands, our attorneys have more than 42 years of combined experience helping individuals throughout Southeast Texas navigate the divorce process.
Montgomery County Dividing Assets Lawyers — Navigating Texas Community Property Laws
Texas is a community property state and any property that is characterized as community property is divided between the spouses equitably. However, this does not mean couples will always split community property 50-50. Instead, the courts can chose to divide property in a manner that is just and right.
Courts evaluate numerous factors when determining what is a just and right division of marital property, including the length of the marriage, whether one spouse gave up his or her career to care for minor children, and the age and work history of each spouse.
When divorce is being pursued on fault-based grounds — such as cruelty or adultery — our lawyers work to obtain property division determinations that take this bad behavior into account and provide our clients with a greater portion of community property.
Keeping Separate Property Separate
Because only community property is subject to division, the characterization of property as separate or community is of utmost importance. Courts presume all property owned by the spouses at the end of the marriage is community property. Spouses must prove property is separate — was owned individually before the marriage, or was acquired by gift, devise or inheritance during the marriage — and thus not subject to division. This characterization process is complex; properties that began as separate property may become community property through commingling.
At Shriver & McLean, L.L.P., our attorneys thoroughly investigate all of our clients’ — and their spouses’ — properties, debts and financial holdings. We utilize experts in tracing separate properties and evaluate the nature of each property to ensure community and separate property is accurately characterized. Once we understand the full nature and extent of the marital estate, we work toward property division determinations that provide our clients with the property and financial assets they need to leave their marriages in the most secure manner possible.