The Woodlands Property Division Lawyer

Property Division Attorney In The Woodlands, TX

No one enters a marriage knowing that one day, that marriage will end in divorce. However, these legal situations are common and one of the aspects of your divorce will include property division. During this difficult time, you may experience stress over the risk of losing some of your assets. Dividing marital assets can be messy. Our The Woodlands property division lawyer team can help you move toward a more equitable outcome in your divorce and property division.

At the Walke-Wilson Firm, our team of dedicated family law attorneys is proud to serve clients in The Woodlands and surrounding areas. We are committed to fighting aggressively to protect the rights and interests of our clients in all areas of divorce, including property division. Disagreements over which spouse is entitled to what property can be challenging, but you don’t have to face these disagreements alone.

The Walke-Wilson Firm is here to help ensure that you walk away from a divorce proceeding with the assets you acquired prior to your marriage and can fight for what is rightfully yours. If you and your spouse cannot reach an agreement regarding the division of your shared property, the team at the Walke-Wilson Firm is prepared to take your case to court and litigate your situation before a judge. Trust us to obtain the results you most desire.

Dividing Property in Texas? Don’t Finalize Without Legal Guidance

In Texas, it only takes one person to get divorced. And if you and your spouse are living apart, make sure you are aware of the way in which your property and debts that you are acquiring during the separation will be treated if you divorce.

Your divorce does not have to be high conflict. In fact, in many counties, mediation is required in order to allow the parties to decide their own agreements and division of property. If you and your spouse believe you have an agreement, consult an attorney first! Often spouses may agree on certain aspects, but there may be things that weren’t considered regarding property or children.

Tips/information To Help You Be Prepared:

• Compassionate Legal Support Guidance
• Divorce Preparation Checklist
• Tips to Prepare for Divorce
• When Your Spouse Controls The Financial Documents

Dividing Property in a Texas Divorce

Texas operates as a community property state, meaning that all shared or marital property is subject to an equitable division. However, it is important to keep in mind that this division may not necessarily be an even 50/50 split. Instead, the courts will decide on a ruling that divides the property fairly. There are two main types of property involved in a Texas divorce:

1. Shared property. Shared property, or marital property, is any property, assets, or debts that have been acquired by either spouse throughout the duration of the marriage. Shared property includes the family home, vehicles, jewelry, clothing, furnishings, bank accounts, earned income, employment benefits, retirement accounts, business interests, stocks, bonds, and other investments.Debts are also shared property, including mortgage payments, personal property loans, and credit card debt. Because shared property can have broad definitions, the court will most often assume that any property that was owned during a marriage is marital property and, therefore, subject to Texas community property laws.This is one of the many reasons why having a knowledgeable property division lawyer on your side is so important. They can provide you with legal advice and offer clear evidence to the court that distinguishes community and separate property, ensuring you get your fair share and keep what is rightfully yours.
2. Separate property. According to Texas law, separate property is any item, tangible or intangible, which falls into one or more of these categories:
   • Property that was claimed prior to the marriage.
   • A gift that was received from a third party or another spouse.
   • Property that was obtained through descent or inheritance.
   • Damages that were recovered for personal injuries during the marriage, except for compensation due to the loss of a personal earning capacity.

At the Walke-Wilson Firm, we understand the community and separate property laws of Texas and we know how confusing they can appear to those who might not be as familiar. Let us review your items of property and help determine what can be kept and what will face division. Our team of skilled property division lawyers can help you collect the necessary evidence to demonstrate your separate property stays away from any property division discussions.

Considerations Made by the Courts in a Division of Property

When seeking to divide property in The Woodlands divorce cases, the court will consider various factors in order to make a fair decision and final ruling. These factors include tax issues, where the property was acquired, the health history of each spouse, the difference in earnings between the spouses, and the employment and education of each spouse. The court also considers whether there was any fault in the marriage, such as drug use or adultery.

At the Walke-Wilson Firm, our team of attorneys will do everything in our power to settle your property division in a fair and equitable manner and, should courtroom litigation arise, fight for your interests before a judge. If you are the owner of particularly valuable property, our attorneys are ready to handle your case with the delicacy it requires and with the compassion you deserve.

The Property Division Process in The Woodlands and the Surrounding Areas

In a property division, the courts will follow certain steps to decide how to fairly divide your possessions. These steps include:

• Discovering all of the items of property, assets, and debts you and your spouse own.
• Establishing the differences between community and separate property.
• Learning if there are any claims for joint or separate property.
• Discovering the overall market value of common properties.

Certain forms of property can be distributed in different ways in a Texas divorce, including:

• Title inception. If a company is founded during a marriage, the shares of this company are viewed as community or shared property. Any stock that was acquired before the marriage or shares that were received as inheritance or gifts are viewed as separate property.
• Increase in value. If any stock owned prior to the marriage increased in value due to natural growth or fluctuations in the market, it is still considered separate property.
• Cash dividends. Any dividends that were received during the course of a marriage on either stock in community property or on separate property will be viewed as community property.
• Capitalization with separate property. Any shares will be seen as separate property in cases where a spouse demonstrates that a corporation in which stock is owned was only founded using separate property.
• Stock dividends. Any dividends that were given on separate property will most likely be seen as separate property.

Speak With a Trusted Property Division Lawyer Serving The Woodlands and Surrounding Areas

When facing divorce, it is unwise to handle the division of marital property on your own. Instead, place your trust in the team at the Walke-Wilson Firm. We are committed to ensuring you are aware of all your legal options and can work to protect your hard-earned property. With over three decades of experience, we can review your case, explain your rights, and enter into negotiations with all parties. Should negotiations fail, we can put our litigation skills to work.

Trust the Walke-Wilson Firm to do everything in our power to protect what you have worked so hard to obtain. Contact our offices today to schedule an initial consultation with our team.