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When you’re going through a divorce, the division of property is often the most emotionally charged part of the process.

Texas is a community property state and presumes that most assets acquired during the marriage are owned jointly by both spouses, regardless of who purchased them or whose name is on the title.

This rule can make dividing assets fairly confusing, especially if you’re unfamiliar with Texas family law. Here is where having a skilled Houston property division lawyer from Dodson Law Firm can make all the difference.

Texas is a Community Property State

In Texas, all property acquired by either spouse during the marriage is presumed to be community property and, therefore, subject to division upon divorce.

Community property belongs to both spouses equally, regardless of who acquired it or whose name is on the title. This includes:

  • Real estate, such as the family home or investment properties
  • Financial assets, like bank accounts, stocks, and bonds
  • Retirement accounts, including 401(k)s, IRAs, and pensions
  • Business interests and professional practices
  • Personal property, such as vehicles, jewelry, and art

The only exceptions are separate properties, which include:

  • Property owned before the marriage
  • Inheritances or gifts received individually
  • Personal injury awards for pain and suffering

During property division, the court aims to divide community property in a “just and right” manner, which presumptively means a 50/50 split. However, many factors can lead to an unequal distribution.

The characterization of assets as community or separate property is often hotly contested during divorce. With so much at stake financially, you need an experienced Houston property division lawyer to protect your rights and interests.

At Dodson Law Firm, PLLC, we have in-depth knowledge of Texas community property laws. Our attorneys will review your marital estate and fight to secure your rightful share of assets.

Factors Considered in Property Division

When determining how to divide property in a divorce, Texas courts aim for an “equitable ” division, which may not always mean an equal 50/50 split.

Judges consider various factors, such as:

  • Each spouse’s earning capacity and education
  • The length of the marriage
  • The age and health of each spouse
  • Child custody arrangements
  • Any fault in the breakup of the marriage, such as adultery or abuse

Our Houston family law attorneys know how these factors may impact your case and work to ensure your interests are protected throughout the process.

Early planning is one of the keys to success in any property division case. Consult the Dodson Law Firm as soon as possible to take proactive steps to protect your assets and safeguard your rights early in the divorce process.

Dividing Complex Assets

High net worth divorces often involve complex assets that require special attention and expertise.

These may include:

  • Closely held businesses or professional practices
  • Stock options, deferred compensation, or royalties
  • Trust funds and offshore accounts
  • Collections, such as art, antiques, or rare automobiles

In these cases, you should work with a Houston divorce attorney who has experience handling complex financial matters and can bring in experts, such as forensic accountants or appraisers, to ensure accurate valuation and division of these assets.

At the Dodson Law Firm, PLLC, we take a personalized approach to each case. We know that the outcome of your property division will have a lasting impact on your financial future, and we give you the advice, advocacy, and unwavering support you need to achieve the best possible outcome in your case.

Our Family Law Attorneys Are Committed to Protecting Your Financial Future

The outcome of your property division case may have a lasting impact on your financial well-being. Therefore, you must fully understand any settlement proposal offered before making decisions that can affect your future.

Some key considerations when negotiating property divisions in a divorce include:

  • Ensuring you have sufficient assets and income to maintain your standard of living.
  • Protecting your retirement savings and planning for your future financial security.
  • Minimizing the tax consequences of property division, such as capital gains taxes on the sale of real estate or the division of retirement accounts.
  • Securing your fair share of any family-owned businesses or professional practices.
  • Ensuring that you are not left with an unfair share of marital debts.

When you work with a Houston property division lawyer from Dodson Law Firm, PLLC you’ll have an advisor and fierce advocate in your corner, fighting to protect your future rights and interests.

Crafting a Fair Property Division Agreement Through Mediation

While some property division cases require litigation, many couples can benefit from alternative dispute resolution methods, such as mediation or collaborative divorce.

These approaches allow you and your spouse to work with your respective attorneys to reach a mutually agreeable settlement, often saving time, money, and emotional stress compared to a courtroom battle.

A skilled mediation lawyer can help you explore these options and determine if they suit your situation.

This ADR tool involves working with a neutral third party who facilitates discussions between you and your spouse to help you reach a fair property division agreement.

The process allows for more flexibility and creativity in crafting a settlement that works for both parties.

The Dodson Law Firm, PLLC Advantage — Why Our Clients Trust Us

At Dodson Law Firm, PLLC, we pride ourselves on being a different kind of law firm. We don’t just handle property division cases – we redefine the client experience. We operate with integrity, treating others with compassion and honesty. Our team-based collaborative services model ensures open communication and the free exchange of ideas, experiences, and knowledge.

When you work with us, you can expect:

  • A team that fully commits to every client and every case that meets our high standards of integrity, honesty, compassion, clarity, community, and success.
  • A collaborative approach focused on the future, ensuring we provide the best possible representation and service.
  • A comprehensive analysis of your marital estate, skilled negotiation, creative problem-solving, and aggressive courtroom advocacy when necessary.

As our client, you’ll have access to a dynamic legal case management software and individual client portal, allowing you to work with your legal team, upload and exchange documentation, and communicate directly and efficiently regarding your divorce. When it comes to property division, “Dodson Gets It Done.”

Schedule a Consultation with a Houston Property Division Lawyer Today

Disputes over property division can quickly turn hostile and drawn-out. Our team will advocate for your rights and work tirelessly to resolve your case efficiently. Don’t let your financial future be jeopardized – get the legal representation you deserve.

Dodson Law Firm, PLLC is here to guide you every step of the way, providing the support and advocacy you need to achieve a fair and equitable outcome. Contact us today and experience the difference of working with a law firm that truly cares about your well-being.