Property Division Lawyer in Galveston

Property Division Attorney in Galveston, TX

At The Law Offices of Tad Nelson & Associates, our Galveston property division attorney is a skilled, experienced, and solutions-focused advocate for clients. Our firm helps clients resolve even the most complex of property division cases, including those involving retirement assets and business interests. If you have any questions about property division, we are here to help. Contact us at our Galveston law office today for a confidential consultation with a Texas family law attorney. 

Texas is a Community Property State

Preparing for a divorce in Galveston? You and your spouse must determine who gets what. Dividing property and assets can be one of the most challenging—and potentially contentious—aspects of a divorce. The longer you have been married and the greater your assets, the more difficult it can be to split things up. Property division—similar to other divorce issues—is handled under state law. Texas is one of a minority of U.S. states that uses the community property standard. Here is an overview of the key points to understand about the Texas community property law and its impact on your rights and your responsibilities: 

• Separate Property: Separate property is property that is solely owned by one spouse. It is not subject to division in a divorce. In Texas, separate property typically include premarital property that has not been commingled or that has been protected by a legally valid prenuptial agreement. Separate property can also include gifts and inheritance.  
• Community Property: Texas State Law Library explains that our state is one of only nine community property jurisdictions nationwide. Virtually all property either spouse obtains after the start of a marriage is classified as community property. By law in Texas, community property is jointly owned by the spouses.  

Understanding “Just and Right” Standard in Texas

Under Texas law (Texas Family Code Sec. 7.001), “the court shall order a division of the estate of the parties in a manner that the court deems just and right.” The “just and right” standard can have a major impact on your property division case. In effect, this standard means that a 50/50 (even) split of a divorcing couple’s community property is not mandatory under Texas law. If a divorce goes to court in Galveston County and there is a dispute over property division, a court can consider many different factors to determine what distribution of assets is “just and right” given the specific circumstances of the case. Relevant factors may include: 

• Fault for the divorce, if assigned; 
• The duration of the marriage; 
• Spousal sacrifices for marriage and family; and
• Future financial prospects of each party. 

We Help People Navigate Complex Property Division in Divorce in Galveston

Every divorce is different. The Law Offices of Tad Nelson & Associates is committed to providing personalized, solutions-focused guidance and support to clients in Galveston County. We have the experience needed to handle even the most complex of property division cases. Along with other issues, our Galveston divorce attorneys are prepared to assist you with: 

• Real Estate: Real estate can be especially challenging to divide in a divorce in Texas. Whether it is the family home, a vacation home, or a rental property, determining what should happen after a divorce can be hard. In some cases, real estate may be sold off and the proceeds can be split by the spouses. In other cases, one spouse may receive real property as part of their share of the asset distribution. 
• Investments: Many couples in Galveston County own considerable investment assets. All marital property that is an “investment” should be properly considered as part of the divorce case. In some cases, investments can be easily divided. In other cases, a couple may need to consider liquidating certain assets to make property division less challenging. 
• Retirement Assets: Do you or your spouse own considerable retirement assets? These retirement assets can be subject to the Texas community property standard. As such, they can be split in a divorce. With that being said, divorcing couples need to be exceptionally careful when splitting retirement assets. If you have tax-advantaged retirement savings, there could be penalties for early withdrawals. Our Galveston, TX divorce lawyers can help you with a Qualified Domestic Relations Order (QDRO) to address retirement savings. 
• Business Interests: If you or your spouse is a business owner in Galveston County, it is crucial that you take a proactive approach to your divorce. A business can—and, in many cases, is—marital property in Texas. As such, a business or ownership interests in a business could potentially be split in a divorce. A comprehensive, accurate business valuation is a must. Our Galveston County divorce lawyers have the professional skills needed to handle business owner divorce in Texas. 
• Debt: Debt is a liability. It needs to be addressed in a divorce. In Texas, debt is handled the same way as property. Separate debt—such as premarital debt—remains the sole responsibility of one spouse. Community debt is marital property. It must be addressed and divided in a divorce. With secured debts, that debt runs with specific property. For example, a car loan remains attached to the vehicle. Unsecured debt can be divided to either party. As an example, a divorce settlement may assign the majority of the credit card debt to one of the spouses. Alternatively, that credit card debt could be split down the middle. 

We Put an Emphasis on Amicable Solutions in Family & Divorce Case

Dividing property, assets, and debts can get extremely contentious. Of course, no person enters a divorce wanting to get locked in a long, difficult dispute. A drawn out and fiercely fought contested divorce can take time, cost money, and bring a lot of stress with it. Our Galveston family law attorneys put an emphasis on helping out clients find amicable solutions whenever they are possible, including in complex and high-stakes property division cases. While we are trial-tested attorneys who are always ready to fight to protect the rights and interests of our clients, we know that collaborative solutions often work best. Our Galveston property division attorneys have extensive experience with divorce mediation in Texas.   

How Our Galveston Family Law Attorneys Can Help

Deciding who gets what can be one of the most challenging aspects of divorce. At The Law Offices of Tad Nelson & Associates, we provide solutions-focused family & divorce representation that is designed to protect your clients best interests. When you contact our Galveston office, you will have a chance to speak to a Texas property division attorney who can: 

• Hear your story and answer questions about property division in Texas;
• Gather and prepare all of your financial records and supporting documentation; 
• Represent you in any property division settlement negotiations; and
• Develop a comprehensive strategy designed to help you secure the best results. 

Property Division: Frequently Asked Questions (FAQs)

How Does Community Property Differ From Equitable Distribution?

Community property and equitable distribution are the two main legal standards for splitting property in a divorce in the United States. Most states are equitable distribution jurisdictions. That standard requires courts to make a “fair” distribution of assets. In contrast, community property states presume that all marital property is jointly owned—regardless of any title of lack thereof. 

Is a 50/50 Split of Marital Property Guaranteed By Law in Texas?

No. While a married couple jointly owns all of their marital property, the Texas community property standard technically does not guarantee an equal split of assets. Instead, our state uses the “just and right” standards. Family courts can consider relevant, case-specific issues. With that being said, a 50/50 split of a divorcing couple’s community property should be assumed as a starting point. 

Can My Spouse and I Work Out Our Own Property Division Settlement?

Yes. In fact, most divorcing couples in Galveston County settle their case on their own. You and your spouse have considerable discretion to work out your own property division settlement as part of an uncontested divorce case. A Texas court will almost always sign off on a couple’s mutually agreed upon property division settlement—especially if each party had their own attorney.  

Can a Divorce Property Division Be Modified After it is Finalized?

No—at least not in the vast majority of cases. Your property division settlement or property division decree in a divorce is finalized. In Texas, it is not subject to a modification. However, there is a very narrow exception for fraud. If one spouse effectively defrauded another during the divorce process and obtained an unjust benefit in doing so, a legal remedy may be available. Still, that is very rare. 

Contact Our Galveston Property Division Attorney for a Confidential Case Review

At The Law Offices of Tad Nelson & Associates, our Galveston property division lawyers have the skills and experience to take on even the most complex of asset distribution cases. If you have any questions or concerns dividing assets in a divorce, we are here to help. Contact us today for your completely confidential initial consultation. With an office in Galveston, we are well-positioned to handle property division cases throughout all of Galveston County.