Galveston Property Distribution Lawyer

How to Distribute Your Property Equitably During Divorce

After making the often difficult decision to file for divorce, thinking about the distribution of property between you and your spouse can be a stressful prospect. You may already be aware that Texas is an "equitable distribution" state, but wondering exactly what that means.

Who will end up with what when the dust settles? How will the judge decide what constitutes a fair division of the assets?

The subject of property can become heated very quickly, even among those couples who have thus far experienced an amicable separation. At my firm, I have helped many people through this difficult time.

What is the Distribution of Property in Texas?

Texas is a community property state, which means that property acquired during a marriage is generally considered to be owned equally by both spouses, regardless of who paid for it or whose name is on the title.

The distinction between separate and community property is key to understanding how property will be divided under Texas law.

• Community Property: Property acquired during the marriage is considered community property and is subject to division in a divorce or upon the death of one of the spouses. This can include homes, vehicles, financial accounts, retirement benefits, and other assets.
• Separate Property: Property owned before the marriage or acquired during the marriage by inheritance, gift, or personal injury settlement is typically considered separate property and is not subject to division.

On the other hand, commingled assets refer to property or funds that have been mixed or combined in a way that makes it difficult to distinguish between separate property and community property, or between assets that belong to different individuals or entities.

A Galveston property distribution lawyer can help you navigate these distinctions, clarify any confusion regarding property ownership, and work to ensure that your rights are protected during property division.

Complicating Factors in Property Distribution

Distribution of assets during a divorce is not a clear-cut science and there are multiple factors that a judge can take into account when deciding how to split up everything fairly.

Considerations for Decisions on Property Distribution

Property division in divorce cases is influenced by several key factors, such as:

• The length of the marriage: Longer marriages may result in a more balanced division of assets, especially if both spouses contributed to acquiring and maintaining property.
• The financial and non-financial contributions: If one spouse contributed significantly to the home or family through non-financial means, such as raising children or maintaining the household, this may be taken into account.
• The needs of children: In cases where children are involved, the court may consider the financial needs of the children and which parent is best suited to care for them.
• The earning capacities and health of both spouses: If one spouse has greater earning potential or needs financial support due to health concerns, the court may adjust the property division accordingly.

A Galveston property distribution attorney will provide the expertise needed to handle these complexities and ensure a fair distribution based on the facts of the case. Whether through negotiation or litigation, an experienced lawyer can work to secure a fair division of assets and prevent a situation where one spouse receives an unfair share.

Contact The Karenko Law Firm PLLC for Assistance

Will my personal property still be mine after my divorce? Will I be able to support myself and my children when all is said and done? These are the types of questions you may be asking yourself right now.

If you and your spouse have been unable to come to a decision about how to distribute your property and are leaving it up to a judge, having a trained property distribution attorney in Galveston there can make all the difference.