Property Settlement Consult a Kingwood Divorce Lawyer

Every state has its own law regarding non-marital claims relating to property division in divorce. It will help the process if you write down any property you want, how you think custody should be decided and how much support you think you should get. This will at the very least help you to clarify some of the issues in your own mind. Consulting a Kingwood Divorce Lawyer can help clarify any issues that may arise.

In Texas, property owned during marriage is called community property. Community property is considered to be owned by both spouses with each owning 50% of the real and personal property acquired during the marriage. However, there are numerous other ways in which property can be categorized due to special rules that have been adopted in Texas over the years.

In most divorce cases there will be some property that was acquired during the marriage and also property that was owned by one spouse before the marriage. This can be very confusing since the court looks at all property at divorce as being community property and the only way to have it characterized as separate property is by proving that it was either owned before marriage, or received during marriage as a gift, devise, or descent.

Once the property has been categorized by the attorney as either community or separate, the attorney will be able to tell the client what property the client should ask for and what property the client owns outright as their separate property. In most divorces, each party will have some property that they really would like while they could care less about other types of property.

Valuing a business in a divorce is an important part of the property division. The situation can get complicated – if you work or own property in different states, especially if one is an equitable distribution state, be sure to consult with an attorney about how to proceed.

In dividing the community property of the marital estate, the courts in Texas use what is called a just a right division which takes into account numerous factors that might allow one party to get more or less community property than the other party due to fairness concerns. However, the courts usually try to split the property as close to 50/50 as possible.

Keep in mind that bad feelings, valuable property, and children will make a divorce be more costly than a divorce that is simply a split of two people with no property that are both looking to head their separate ways. Under community property law, husbands and wives are deemed co-owners of property much like a partnership. If the parties can determine for themselves which property they both would like, then that will make the divorce much quicker and less stressful, but more importantly, cheaper.