Protect Your Property During Divorce
When thinking about property division, it can be helpful to understand that the law considers the marital estate a separate entity, distinct from either party involved in the divorce. Our process begins with determining whether there is any property that is the separate, non-marital property of either party and, then, what property is part of the marital estate. We then assist our clients in determining the value of the marital property. With this information fully developed, we are able to assist our clients in negotiating an agreement for the division of property, commonly called a marital settlement agreement or post-nuptial agreement, or in preparing to litigate the issues before our courts in an equitable distribution proceeding.
At the law firm we have been handling property division for people in Travis County since 1989. You can be confident in our ability to protect your interests.
An Overview of the Property Division Process
Generally, separate property is property that you had prior to getting married. With few exceptions, all of the property you obtained during your marriage is marital property and part of the marital estate. Our lawyers will take great care to sort through the two types of property in order to keep your separate property separate.
Once we determine what property is part of the marital estate and subject to division, we take great care to get that property valued accurately. Whether that property consists solely of a house and bank accounts or it is a high-value estate that includes real estate holdings, investment accounts and more, we use our experience to see that the value of every item is understood.
If the parties are unable to reach agreement as to dividing the marital estate and one of them files a claim for equitable distribution of the marital estate. The marital estate falls under the jurisdiction of the court and is subject to equitable distribution proceedings. Equitable distribution does not necessarily mean equal distribution. Property does not have to be split 50/50. If the court is involved, the goal is to reach a property division settlement that is “equitable”. At all points along the way, we counsel our clients to balance the cost of additional litigation against the gains that can likely be achieved. We will guide you down the path that makes the most sense for you, whether that means reaching a settlement or litigating in court.
Contact Us Today About Your Property Division Case
To discuss your case with one of our experienced Texas family law attorneys, contact us today.