Marital Property Division

Texas Lawyers — Family Law and Divorce

Because Texas is a community-property state, property acquired during the marriage is considered community property and is subject to marital property division during divorce.

A number of factors enter into determining what is “just and right” property division of marital property. Unlike many community-property states, marital property in Texas is not necessarily divided equally. Reasonable grounds must exist to determine how marital property is divided. Factors that determine marital-property division include:

• Disparity in earning capacities
• Relative business experience
• Comparative educational backgrounds
• Size of separate estates
• Age, health and physical condition of spouses
• Fault in the marriage dissolution
• Benefits of the innocent spouse if the marriage had continued
• Primary responsibility for raising children
• Needs of the spouse and children after divorce
• Likelihood of the spouse needing future support

Assessment of Value

Dividing marriage property in many cases is more complex than deciding who gets a piece of furniture, the house or the car. Pension plans, retirement accounts, stock options, deferred compensation, year-end bonuses, insurance annuities and family-owned businesses, as well as the future value of these assets, are considered. Our firm works with appraisers and other financial experts to ensure fair valuation of marital property. We conduct negotiated settlements, mediation and arbitration to arrive at out-of-court resolutions, which are less costly and often preferred. However, when needed, our lawyers also provide strong advocacy through courtroom litigation.

Marital Liabilities

Our family law attorneys offer legal advice and representation regarding marital liabilities as part of marital-property determination. Not all liabilities are shared, and divorce decrees are not binding against creditors. To protect you against liability, we may advise certain actions, such as encouraging your ex-spouse to refinance the family home and take your name off the mortgage. Of course, we always tailor our legal counsel to suit your situation.

At The Shapiro Law Firm, our goal is fair marital-property division. We understand the issues you are facing and are ready to provide you with experienced legal representation that protects your interests. Please contact us today online or at 972-423-0033 to arrange a consultation.