All property acquired during a marriage is presumed community property and subject to division by the court unless proven by a preponderance of the evidence that it is separate property. The court will make no distinction as to the nature of property until it can be proven separate property. The burden is on the person claiming separate property to plead and prove that particular property is not community property. Our Dallas divorce lawyers will not allow you to be taken advantage of but will strive to protect your rights, fight for your interests, and give you the strong and passionate representation your case demands. Please download our Divorce Checklist and call us for a divorce consultation today.
Separate property is property owned by a party prior to the marriage or obtained due to inheritance or gift from outside of the marriage. Separate property usually will be awarded to the party who brought it into the marriage and will not be divided by the court. However, appreciation on the separate property which occurred during the marriage may be divided. Courts will try to make an equitable division of the property of the par ties to a divorce action. However, this does not necessarily mean assets will be divided equally. Categories of separate property include the following:
Tracing involves proving that an asset owned at the time of divorce is separate property because the property is traced back to an asset that was a clearly separate property when it was first obtained. It may be difficult for spouses to divide property during divorce, especially if the property is of high net worth, unique or complex assets, or there is a high debt load associated with the marital estate. Detailed information on property tracing can be found here: Methods of Property Tracing in Texas .
Property characterization and division, although complex and subject to disagreement by the spouses, is a straightforward process:
If the parties can agree on how to resolve the issues concerned in their divorce, they can enter into a separation and property settlement agreement. The agreement is a written document embodying the parties' understanding as to all issues. The agreement is signed by both parties and taken before the court after the 60-day cool-off period has expired. If the agreement appears fair, just, and equitable, the court will approve it and incorporate the terms of the agreement into its decree of divorce.
Debts are treated much the same as assets in that those are acquired before the marriage belongs to the person in whose name they were acquired and those acquired during the marriage will be divided between the parties. The fact that one party earned the majority of the assets or incurred the majority of the debt during the marriage does not necessarily affect property division.
Determining how to divide assets and debt accrued during a marriage can be among the more stressful aspects of a divorce. While the Court's goal is usually to provide for an equitable distribution of marital assets and liabilities in a divorce, it has the discretion to create an unequal distribution given the entirety of the case before it. For instance, when determining the division of the marital assets, a court may consider some factors similar to the following:
A successful property case often begins with an assertive offense and/or defense, and you need a lawyer capable of being aggressive when and as necessary. Our Dallas family law attorneys have represented clients in hundreds of cases, from simple undisputed divorces to the most complex and challenging matters. They have successfully taken numerous cases to trial and have reached settlements favorable to our clients in scores more cases. Our success is due to our attorney's dedication to our client's and fierce advocacy for our clients' rights and interests.
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