Community Property Vs. Separate Property

In Texas, the legal principle of community property calls for the equal division of all marital income and property, as well as debts, in a divorce. Absent certain exceptions, such as a valid and enforceable prenuptial agreement, the outcome should be an equal split of all property and income that was acquired during the marriage. Notably, community property may also include dividends earned on securities, retirement accounts or income on separate property investments.

Attorney Georgia Barker has the experience to protect your financial interests in a Texas divorce. Our main office is in Sugar Land, Texas, and we offer consultations by appointment in Katy and Bellaire. Call 713-205-7573 to talk to a lawyer today.

Dividing Community Property In Texas

Although the principle of community property division may be straightforward, disputes often arise. Specifically, assets must be valued and inventoried before they can be divided equally. A couple may not agree upon the status of an asset as marital or separate, or on its worth. Unless proven otherwise, the law will presume that all assets are community property.

Helping You Through Property Division Disputes

At Barker Law Firm PC, we have over 20 years of experience helping couples work through property division issues. We may work with a team of professionals, such as forensic accountants, to resolve valuation disputes. We may analyze an asset under the inception of title rule to determine if it qualifies as inherited property, which is not included in the marital estate. The rule examines the status of an asset at the time it was acquired.

Mixed Assets

Assets can also be a mix of community and separate. For example, if you make house payments or remodel a separate property house with community property, your spouse will have a community property interest. If you refinance a house and place your spouse's name on the deed, the house becomes community property. We may recommend appraising the house on the date of the deed change so that only the appreciation after that date would be considered community property.

Offering Proactive Divorce Advice

If you are thinking of getting a divorce, it may be helpful to proactively consult with an attorney. We can suggest strategies for streamlining the process such as moving separate assets out of commingled bank accounts or beginning an inventory of the marital estate. If your spouse is unfairly accumulating debts, such as gambling, we may advise additional, precautionary steps.

Get Answers To Your Property Division Questions Today

If you are going through a divorce, make sure you have an experienced attorney protecting your right to receive an equal division of the marital estate. At Barker Law Firm PC, we have over 20 years of experience helping clients successfully navigate through property division issues. Call 713-205-7573 or contact us by email.