Understanding Property Division in Divorce: A Houston Divorce Lawyer’s Guide
One of the most challenging and contested aspects of a divorce case in Houston is property division. This becomes even more complex when the spouses involved are relatively wealthy, as it often involves substantial assets that must be divided. Property division can lead to a contentious and sometimes emotional dispute, but understanding the different categories of property can help set expectations during this process. As an experienced Houston divorce lawyer, I’ve handled many cases that involve complex property division, and I’m here to break down the key definitions you need to know.
Marital Estate
The “marital estate” refers to all the property owned by the spouses during the duration of the marriage, including property acquired before and during the marriage. It encompasses both separate property and community property. The real challenge usually arises in distinguishing between these two categories, as they determine how assets will be divided during a divorce.
Separate Property
Separate property includes assets that were owned by one spouse before the marriage. It also covers gifts, inheritances, personal injury settlements, and property specified in a will or trust. However, separate property becomes more complicated in a divorce, especially when one spouse tries to claim a part of the other’s assets. For example, what happens if a husband inherits a significant sum and the wife did not contribute to its acquisition? Or what if a wife inherits a large estate, but her husband has not contributed to its accumulation, yet he is seeking a claim during the divorce? These are tough questions for a Houston divorce lawyer to answer, and courts will have to sift through evidence to determine which property belongs to which spouse.
Community Property
Community property refers to all property and wealth accumulated by both spouses during the course of the marriage, excluding separate property. This is often the most contentious issue during a divorce. For example, a husband might argue that his hard work in a 40-hour work week should entitle him to keep the wealth, while his wife might claim that without her emotional support and contributions at home, he wouldn’t have had the success he did. It is often difficult to distinguish what falls into the category of community property and what doesn’t.
During a divorce, the court will evaluate the evidence presented by both spouses to decide how the community property should be divided. For assets like retirement accounts, savings, and real estate, the courts will consider the contributions of both spouses and may divide these assets equitably based on their fair value.
The Role of the Court in Dividing Property
In a contested divorce, if the spouses cannot come to a settlement outside of court, the judge will make the final decision. Courts in Houston will divide the marital estate fairly, considering the rights of both spouses and any children from the marriage. While the court often divides community property equally, there may be exceptions depending on the circumstances. If one spouse’s actions caused the breakdown of the marriage, such as infidelity or abuse, the court may choose to award a larger portion of the community property to the other spouse.
It’s important to note that courts are looking to ensure justice is done—not just in legal terms but in a way that reflects fairness. For example, a cheating spouse may not be entitled to an equal share of community property compared to a faithful spouse. The goal is to maintain a sense of balance and fairness while rewarding responsibility and penalizing misconduct.
The Benefits of Settling Outside Court
While a courtroom battle may seem like the only option, courts strongly encourage spouses to reach an out-of-court settlement, especially when it comes to the division of property. Settling outside of court can help minimize costs, reduce stress, and provide more control over the outcome. If you and your spouse can agree on how to divide the property, a mediator or your attorney can help formalize the agreement, ensuring that both parties are treated fairly.
Why You Need an Experienced Houston Divorce Lawyer
Dividing property during a divorce can be complex, especially when one or both spouses have significant assets. As an experienced Houston divorce lawyer, I am familiar with the intricacies of Texas family law and can guide you through the property division process with clarity and expertise. Whether you are dealing with separate property, community property, or complex assets, I can help you protect your interests and ensure a fair resolution.
If you are facing a divorce in Houston and need assistance with property division, call my office today. I have over 14 years of experience in handling divorce cases, and I am ready to help you navigate the process.