Galveston County Property Settlement Lawyer
Texas is a community property state, which means that when a couple divorces each party is allocated a portion of all assets accrued during the marriage. Assets owned by a party prior to the marriage, however, remain the exclusive property of that person. Courts are not required to divide marital property equally, but instead are directed to divide the assets equitably and justly. For this reason, it is especially important that a person going through a divorce obtains the advice of an experienced property lawyer who can ensure that his or her rights are protected.
If a settlement cannot be reached with a client’s spouse, our experienced lawyers are prepared to advocate for that party in court. In fact, the Galveston County property settlement lawyers at Lindamood & Robinson, P.C. have decades of combined experience negotiating for and representing clients, so if you are considering a divorce and have questions about how your property rights will be affected, please contact our Galveston County office today.
Separate Property v. Community Property
Texas law defines separate property as any:
- Property owned or claimed by a spouse prior to the marriage;
- Property acquired by a spouse during the marriage by gift or inheritance; and
- Recovery obtained for personal injuries sustained by a spouse during the marriage, except for lost wages.
Community property is made up of the remaining assets acquired during the marriage. Generally, courts presume that assets owned by either spouse during a divorce are community property unless a party can prove otherwise by clear and convincing evidence.
In Texas, assets that fall under the community property category are eligible for division between the parties during settlement proceedings. While this process sounds relatively simple, the reality is much more complicated as the line between community property and separate property is often difficult to distinguish. For instance, assets from an inheritance may become commingled with marital property during the course of the marriage or separate property may be sold in order to purchase the family home. These types of issues can be difficult to untangle, so it is important for couples who are considering a divorce to obtain the advice of a property lawyer who can help differentiate between separate property and community property.
The most common types of property that are divided during divorce proceedings, include:
- The family residence;
- Personal property, including jewelry and antiques;
- Vehicles; and
- Real estate.
Many couples, however, are unaware that all income, benefits, dividends, and debts must also be divided between the parties during property settlement.
How an Experienced Galveston County Property Settlement Lawyer Can Help
Property division is one of the most complicated and often contentious aspects of divorce proceedings. Our experienced property settlement lawyers can help ensure that a client’s assets are properly designated as separate or community property and that the parties are able to obtain a fair settlement. If you live in Galveston County and have concerns about how your marital property will be divided in a divorce, please contact the law firm of Lindamood & Robinson, P.C. by calling 281-486-6116 to schedule a consultation at your earliest convenience.