Surprisingly, dividing marital property in a divorce settlement often becomes more emotional and contentious than child support. Couples who can readily agree on parenting arrangements and even voluntary alimony payments often get into costly court battles over real estate holdings, pensions and even household furniture.
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In Texas, marital property settlements are final and not subject to modification unless it can be shown that assets and debts were illegally hidden by one party during the negotiations or trial. Generally, you have one chance to protect your rights and ensure an equitable distribution of your marital assets.
If you are concerned about getting a fair property settlement in your divorce, make sure your lawyer has the experience and knowledge of property settlement laws to protect your interests. At The Robinowitz Law Firm, P.C., you get the experience you need. I have been representing clients in complex divorce and family law matters throughout the Houston region and southeastern Texas for 20 years. Contact me for a free consultation today.
How Are Decisions Made About Marital Property Division?
Texas courts presume a 50-50 split of marital assets. However, these percentages may be varied according to the facts of your case, and the skill with which these facts are presented to the court by your attorney. I have experience in both complex divorces. As a veteran attorney, I negotiate creative solutions to capture your fair share of your property and possessions.
Matters relating to marital property division are often complex and include:
- Identifying separate property vs. community property
- Appraisals of the marital residence and real estate
- Investments, pensions, 401(k)s, bank accounts, life insurance
- Business assets
- Dividing jointly held debts
- Vehicles, boats, jewelry, art, heirlooms
- Possession (“custody”) of pets
Real Estate Issues
If you are selling the home, we address asking price, who will act as the agent and how proceeds will be split. After divorce, the other party’s actions can ruin your credit — we make sure your name is taken off the house and other assets and debts.