Marital Property Division In Texas

How to divide marital property can be a complex issue in the divorce process. In Texas, property acquired during the marriage is known as community property, which belongs to both spouses and must be divided between them.

Texas law calls for a "just and right" division of community property, but that does not necessarily mean that the value of marital property will be split down the middle. Additionally, any debt acquired during the marriage may need to be divided, and it is best to have an experienced property division lawyer on your side to ensure a fair distribution of assets and debts.

To ensure that you receive your fair share of marital property, contact us today. Our law firm advises and represents clients in Rockwall, Plano and the surrounding areas.

Achieving A Fair Property Division Agreement

Some property division agreements are more or less straightforward, particularly if not many assets or debts are involved. Still, dividing a relatively small marital estate typically requires the help of an experienced divorce attorney.

Matters become significantly more complicated when complex assets are involved. At Isaacson Law, PLLC, we have extensive experience in community property issues, including the division of complex assets such as:

  • 401(k)s, pensions and other retirement plans
  • Business assets
  • The family home and other real estate investments
  • Insurance policy proceeds
  • Stocks and stock options

What Is Separate Property?

In Texas, separate property is typically any property that was acquired prior to the marriage and was never mingled with community property. For example, if you or your spouse owned a business before getting married, the value of the business on the marriage date may be considered separate property, which is not required to be divided at divorce.

However, if separate property increases in value during the marriage, the increase in value may be subject to property division.

Generally, it is up to the party claiming separate property to prove that the property should be considered separate. We can help you trace any separate property to its origin or help you determine whether your spouse's separate property claim is valid.

Contact Isaacson Law, PLLC

To schedule a consultation to discuss your property division concerns, send us an email or call us at 214-865-7537. Our founding attorney, Pamela Isaacson, advises and represents clients throughout Rockwall, Collin and Dallas counties.