Community Property Division Attorneys

In the eyes of the law, property division after marriage is a matter of equity. Viewing marriage as a partnership, the presumption is that the assets accrued during the partnership should be distributed equally after the marriage ends.

When you come to the Shapiro Law Firm for your divorce, we’ll make sure that your interests are protected in all aspects of the divorce, including property division matters.

Call us today at 972-833-8196 to discuss your concerns with an experienced lawyer.

What Is The Difference Between Separate And Community Property In A Texas Divorce?

Asset division in community property states like Texas differs from the equitable distribution method used in most jurisdictions. In those states, judges strive for a fair settlement by weighing marital contributions, expenses and other factors.

Here, courts presume that the assets acquired by either spouse during marriage belong to both spouses as community property. As such, they strive to divide them equally between the two.

Three common examples of community property include:

• Income earned by either spouse during the marriage (salaries, bonuses, commissions)
• Property purchased with marital funds during marriage (homes, cars, furniture)
• Real estate and investment assets obtained or accrued during marriage

But what if one or both spouses have assets that do not belong in the marital pool? Texas also accounts for separate property in its community property laws. Separate property refers to assets owned by one spouse individually before marriage or acquired individually during marriage. They are usually exempt from distribution.

Here are three examples of separate property:

• Cars or homes owned by one spouse before marriage
• A family inheritance bequeathed to one spouse during the marriage
• Gifts (jewelry, art) received by one spouse during the marriage

Commingling (mixing) separate and marital assets, such as depositing inheritance money into a joint account, can complicate property division.

What Is The Impact Of A Premarital Agreement On Property Division?

Marital contracts like prenuptial and postnuptial agreements can essentially alter community property rules. They allow couples to predetermine how to distribute assets and debts if the marriage fails. For example, a prenup may specify that a pre-owned business will remain separate or detail how to divide specific assets.

However, there are limitations. Marital agreements that contain unconscionable terms or are grossly unfair to one party are typically invalidated. These contracts can be powerful tools for managing property rights and expectations in marriage. Still, it is vital to ensure they do not compromise your right to a fair property settlement.

Skilled Negotiators Addressing Complex Property Division Issues

Frequently, disagreements over property division stem from questions over what should, or should not be, considered marital assets. Some of these matters are straightforward — after 30 years of marriage, reaching a settlement over shared bank accounts, pension plans or the equity in a jointly purchased home might clearly result in an even divide. In other cases, a fair and reasonable agreement may be more difficult to reach. If you owned your house before marriage and you were not married for more than a few years, fairness and equity might suggest that this asset should not be evenly divided.

When you come to the Shapiro Law Firm, you can trust in the experience of our attorneys. We have been serving people in the Plano, Texas, area for more than 40 years. We are skilled negotiators and can help you effectively and efficiently resolve all issues affiliated with your divorce. We’ll make sure that your interests are represented.

Contact Our Experienced Family Law Attorneys Today

When you need to resolve complex issues related to property division, come to our law offices. Our experienced family law attorneys can effectively protect your interests and resolve these matters. Contact us today to schedule your confidential consultation.