Separating Community Property During Divorce
Because Texas is a community property state, property division during a divorce can be complicated. Whether a couple has a large estate or is of modest means, they may disagree about what is community property and what is separate property. An experienced family law attorney can help you protect your interests during property division.
The Law Office of Gary L. Nickelson practices family law exclusively. We are thoroughly familiar with Texas divorce and community property law, as well as the complexities of all types of property division. Our attorneys will pursue a property settlement that is in your best interest and will take the case to court if that is the only way to resolve the issue. However, our skill as negotiators is usually sufficient to obtain the results clients want.
Who Owns the Marital Assets?
During a divorce, the marital estate will be divided according to Texas community property law. In a divorce, Texas law presumes that all property owned by the spouses is community property and can be divided by the courts. A divorcing party can present evidence to rebut this presumption and prove that some items or assets are separate property that the court cannot divide and award to a particular spouse. The evidentiary burden is great, but this can be done successfully.
Issues arise if one spouse had separate property that earned income during the marriage; you must determine whether the assets acquired by that income are separate or community property. If one spouse had an inheritance prior to the marriage but spent it during the marriage on shared assets, are those assets separate or community property? It is a complex issue that only an experienced divorce lawyer can help you resolve.
When separating this type of property, you must gather the ownership documents showing the acquisition of the asset. You need to provide reliable tracing evidence proving that an asset is either community or separate property. This may include bank statements, credit card statements, canceled checks, purchase orders, ownership papers and other documents.
Fort Worth Marital Property Division Lawyers
We can assist you in gathering this information and arguing your case. To arrange an appointment, please call 817-735-4000 or contact us online.