Sugar Land Property Division Attorney

A Strategic and Compassionate Lawyer for Spouses in Fort Bend, Harris, and Brazoria Counties

If you are facing divorce and have concerns about how your assets and debts will be divided, contact Tracton Law Firm for legal assistance. With more than 40 years of practicing family law and representing thousands of clients in divorces, I know how to help couples reasonably and fairly divide their property, assets, and debts. I take a compassionate approach to conflict resolution, especially in cases like property division that can be emotionally and financially strenuous. I can help you with the following types of property division issues:

• Asset investments
• Business professional practices
• Complex property division
• Retirement accounts and pension plans

Schedule an initial consultation with me to discuss your property division concerns in more detail. Call (281) 962-7738 to speak with our Sugar Land property division lawyer.

Establishing Community and Separate Property

The general standard of dividing property as a married couple in Texas is through equitable distribution. Under the equitable distribution standard, all assets, property, and/or investments that were acquired during the marriage are automatically assumed to be community property and thus will be divided in a fair and equitable way between both parties. 

Some examples of community or marital property that may be divided are:

• the family home;
• personal property (jewelry, clothing);
• income, dividends, benefits;
• retirement accounts that either spouse contributed to during the marriage.

However, certain property is considered to be separate from the marriage and owned solely by one spouse, not to be divided between the couple. Generally, separate property is anything that belonged to one spouse prior to the marriage and was kept separate throughout the marriage, such as an inheritance or a gift made to one spouse alone.

Proper identification of property is fundamental to your financial health following a divorce. If you have questions about what property is considered community and what you might retain as separate property, I can help. I have handled the division of many types of assets, including retirement plans, investment assets, and other separate property, and I know how to find ways to establish your property as separate and not communal.

Commingling of Property

In Texas, commingling of property refers to the process in which separate property (property owned by one spouse before the marriage or acquired through inheritance or a gift) becomes mixed or combined with community property (property acquired during the marriage). This commingling can make it difficult to distinguish which property is separate and which is community property during a divorce, but our property division attorney knows how to navigate this.

Common examples of commingling include:

• Bank Accounts: If one spouse deposits separate funds (such as an inheritance or money from before the marriage) into a joint bank account, and both spouses contribute to that account during the marriage, it can be difficult to distinguish between the separate and community property. The funds may become commingled, making it more complicated to determine what portion of the account is separate versus community property.
• Real Estate: If one spouse owns a home before marriage (separate property) but both spouses contribute to the mortgage payments or renovations during the marriage (using community funds), the property may become partially community property. The increase in value of the property due to marital contributions might be considered community property.
• Retirement Accounts: If one spouse has a retirement account before marriage and continues to contribute to it during the marriage, the portion of the retirement account that was accumulated during the marriage may be considered community property, even though the original funds may have been separate.

How the Court Will Decide

Note that equitable distribution does not mean an equal 50/50 split. The court can decide what is deemed a “fair” division based on the following factors:

• the education, ages, and health of each spouse, as well as their earning capacities, skills, and business opportunities;
• whether a spouse is the primary caregiver for the children;
• the amount of separate property each spouse owns; and
• whether one spouse was at fault in causing the divorce.

You and your spouse can negotiate a division agreement without having to go to court, but if you cannot cooperate, or if there are some disputes you cannot agree on, the court will make the final decision. The court will usually accept a proposed agreement, so it is recommended to work with a property division lawyer in Sugar Land to at least attempt negotiation. 

Methods of Dividing Property in Texas

Property can be divided in various ways during a divorce. Some common methods include:

• Sell and Split the Proceeds: In some cases, the couple may decide to sell certain assets, such as a home or a vehicle, and split the proceeds equally. This method can be useful when neither spouse wants to retain ownership of the property.
• Buyout: One spouse may choose to buy out the other spouse’s share of a particular asset, such as a home or business. The spouse who is buying out the other’s share will typically pay a lump sum or make payments over time to the other spouse to equalize the division of property.
• Offsetting Property: In some cases, one spouse may agree to give up their interest in one asset in exchange for a larger share of another asset. For example, one spouse may take full ownership of a retirement account, while the other spouse takes a more valuable piece of real estate.
• Retaining Ownership of Separate Property: If both spouses agree that certain property is separate, they may retain ownership of it without dividing it in the divorce. This is typically applicable to property that was owned before the marriage or acquired through inheritance or gift.

Protect Your Assets During Property Division

During a divorce, the division of property can be a complex and emotional process. It's important to have a knowledgeable and experienced attorney on your side to protect your assets and ensure a fair outcome. Our Sugar Land property division attorney at Tracton Law Firm is dedicated to providing strategic and compassionate representation for spouses in Fort Bend, Harris, and Brazoria counties.

Our legal team will work tirelessly to establish and protect your community and separate property, advocating for your best interests every step of the way. We understand the nuances of property division laws in Texas and will guide you through the process with personalized attention and expertise.

Trust Our Sugar Land Law Firm to Help

Our office, conveniently located in Sugar Land, offers clients a comfortable environment in which to consult with a professional, results-oriented lawyer. As your Sugar Land property division attorney, I will work with you to establish your financial well-being post-divorce in the context of your community and separate assets and debts. 

With a sympathetic ear, I will listen to your concerns and work to find an equitable property division solution that fits your current and future needs, whether you are going through a high asset divorce or uncontested separation.

Contact me online or call (281) 962-7738 to schedule your initial consultation to get started. Let’s protect your property and your financial future.