HOUSTON DIVORCE PROPERTY DIVISION LAWYERS – SEPARATE PROPERTY

Confirming or Challenging Separate Property in Divorce

Texas is a community property state. The court starts with the assumption that all assets at the time of divorce are joint property subject to division. The burden of proof is on a spouse to prove that an asset is separate property and, therefore, not subject to division by the court.

The law firm of Bill De La Garza & Associates, P.C. is effective in negotiation or litigation of separate property disputes. We can represent either party in divorce to convince the court that certain assets are separate from the estate, or in contesting separate property status when those assets would deprive our client of a substantial portion of their rightful distribution.

We handle all complex property division matters, serving high net worth clients, business owners and other divorcing parties in Greater Houston, Harris County, Galveston County and surrounding communities in Texas. Schedule your appointment today.

Texas Divorce Asset Protection Lawyers

Whether you are asserting or challenging separate property, our legal team is a powerful ally for your cause. We bring more than 80 years of combined legal experience to the complicated issue of characterizing the nature of assets.

In general, separate property is (a) anything owned prior to marriage, (b) inheritance or gifts to one party during marriage or (c) proceeds of a personal injury lawsuit. But it is not always black and white.

There are also many scenarios in which property is a combination of separate and community property and, therefore, is still subject to being divided or in which a spouse may be entitled to partial consideration:

  • Commingled assets: If separate property accounts are combined, or if community assets were used to purchase or enhance a separate asset, the court may very well be considering reimbursement claims and co-mingling issues. Examples might include an addition to the house or investment of marital funds in a closely held business.
  • Increase in value: The portion of a separate asset that increased in value during marriage, such as a pension or 401(k), would most likely be subject to community property laws.
  • Title to property: If a spouse’s name was added to the title of the other spouse’s separate property home or other property (a refinancing, for instance), Texas law presumes that the added spouse is entitled to an equity interest in that asset at divorce. Conversely, buying property in your name only during marriage does not make it separate property.
  • Tracing: If documentation cannot be obtained or produced that identifies the transfers and transactions involving certain separate property, the court can rule that the “non-traceable” asset is community property.
  • Premarital and marital agreements: Assets identified in marital contracts may override the community property assumption, and these agreements can be challenged.

We have a network of tracing experts and forensic accountants who can support either position regarding separate property — proving that it belongs to you alone or that it should go into the marital pot as part of the overall distribution of the estate.

Questions About Marital Property? Contact Our Houston Divorce Property Division Attorneys.

Our legal team is prepared to go to trial when these issues cannot be resolved, if it makes financial sense to do so. Call us at (281) 486-7007 to arrange a time to discuss separate property and all aspects of divorce planning.