Property Division Lawyer in League City

Property Division Attorney in League City, TX

Going through a divorce will be complicated regardless of whether you own a substantial amount of property or a limited amount of property. At the same time, divorces in Texas can become significantly more complex when the spouses own assets that are difficult to value or that have fluctuating and unstable values, in cases where the spouses have commingled property, or in circumstances where one of the spouses may have attempted to conceal property to prevent its distribution. Our family law attorneys at the Law Offices of Tad Nelson & Associates know that the division of property in a Texas divorce is often one of the most contentious processes in any divorce case, and our firm is here to advocate for your rights under Texas law. Do not hesitate to get in touch with a League City property division attorney at our firm to begin strategizing about your family law issues. 

Types of Property Division Issues Our League City Lawyers Handle

At the Law Offices of Tad Nelson & Associates, we represent clients in a wide range of property division issues that arise in Texas divorces, including but not limited to the following:

• Classification of separate and community property;
• Proving that assets or liabilities should be classified as separate property;
• Valuation of property;
• Proving that an unequal distribution of property would be fair and just;
• Handling complex assets like business income, real estate, cryptocurrency, and retirement benefits;
• Assessing commingled property;
• Identifying hidden or concealed assets;
• Addressing allegations of fraud on the community; and
• Enforcing property division orders.

League City Residents Should Know That Texas is a Community Property State

Anyone who is getting divorced in Texas should know that it is a community property state. Generally speaking, states are either equitable distribution states or community property states. In equitable distribution states, marital property is divided between the parties in a way that the court decides is fair — but not necessarily equal or 50/50 — to both spouses in the divorce case. Differently, in community property states, the law assumes that both spouses have equal ownership rights in marital property, which is known as community property in states like Texas.

As a court in a community property state, the court in your divorce case will begin from the presumption that community assets and liability in your divorce are jointly owned by you and your ex. At the same time, the Texas Family Code clarifies that the general rule of property division in the state is that “the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” Accordingly, Texas courts do have the ability to divide property unevenly if an uneven division would be “just and right” given the circumstances of the divorce case.

Understanding Community Property and Separate Property in League City

What is the difference between separate property and community property? According to the Texas Family Code, community property “consists of the property, other than separate property, acquired by either spouse during the marriage.” The law defines separate property as assets or liabilities that fall into one of the following three categories:

• Property acquired or accrued prior to the date of the marriage;
• Property acquired by one of the spouses during the marriage as a gift from a third party or through an inheritance; or
• Property acquired by one of the spouses during the marriage as recovery for personal injuries. 

The Texas Family Code is clear that there is a presumption that all assets and liability are community property. If one of the spouses wants an asset or debt to be classified as separate property, then they must prove that the property is separate by clear and convincing evidence, which is a heightened evidentiary standard.

What Are Commingled Assets and Other Forms of Complex Property in League City?

Sometimes it is difficult to classify the different types of property because it has been mixed, or “commingled.” When this has happened, it is critical to seek advice from an attorney about potentially apportioning out separate and community property.

Other complex property can include assets that are complicated to value or that fluctuate routinely in value such as art collections or cryptocurrency. Other complex assets may include intangible property like investments, or the goodwill of a business.

League City Concealed or Hidden Assets 

Sometimes a spouse has concerns that the other spouse has failed to disclose all property that could be classified as community property and divided in the divorce. If this happens, our firm can explain how a forensic accountant can help to identify concealed assets so that they are properly classified, valued, and divided in your divorce.

When one of the spouses hides property or intentionally spends community property in anticipation of the divorce, they could face consequences associated with committing what is known as “fraud on the community.” If you feel this might be happening or you have other questions, call today to talk with our family lawyer!

Contact a League City Property Division Lawyer Today for Help with Your Case

Property division in Texas divorces can be complex and confusing, particularly when assets are difficult to value or appraise, or when community property and separate property have been commingled. Whether you need assistance with the division of complex property, child custody, child support, or you need help in a divorce case, it is important to get in touch with one of our experienced divorce attorney who can assist you with your case. 

At the Law Offices of Tad Nelson & Associates, we have years of experience representing clients in Texas family law cases, including in cases that involve complicated legal issues concerning community property division. We know how critical it is to have an experienced attorney on your side during any property division case, and our firm is here to help. Contact the Law Offices of Tad Nelson & Associates online or call us at (281) 280-0100 to discuss your case and to learn more about the services we provide to clients in League City.