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Community Property Division

Texas Community Property Division Lawyers Pursue Fair Results

Houston firm safeguards clients’ interests during a divorce

Under the state’s community property law, most assets and debts acquired during the course of a marriage are owned equally by both spouses, no matter who brought the asset into the household. Splitting the value evenly is not as simple as it sounds, though. For nearly 20 years, Anne E. Kennedy, Attorney at Law has delivered sound advice and advocacy on community property issues and other aspects of the Texas marriage dissolution process. From our offices in Houston and Brenham, our accomplished attorneys answer questions on valuation disputes, whether particular assets are subject to division and other key issues while pursuing a fair result as you start a new chapter in your life.

Firm assists with disputes and complex issues relating to asset distribution

When you understand the critical elements of community property law, you can make informed decisions on how to divide ownership of specific items and whether conflicts should be resolved informally or in court. Our firm outlines what you need to know about:

What is the difference between community and separate property?

The main distinction to consider in community property matters is the difference between marital and separate assets. Separate property includes assets that one spouse owned prior to the wedding, along with gifts and personal injury recoveries received by one spouse. These assets remain with the recipient spouse when the divorce is finalized. Where a question exists regarding the nature of a particular asset or debt, we’ll apply the pertinent law and provide an informed opinion on whether it should be classified as community or separate property.

How are investments, business shares and the marital home divided?

As experienced family law attorneys, we can advise you regarding the treatment of complex and high-value marital assets, such as retirement accounts, pensions, investments, shares of business holdings, jewelry and artwork. When appropriate, our firm brings in appraisers and other experts to ensure that the parties and judge have an accurate perspective about the value of particular items. Knowledgeable counsel is particularly important during discussions relating to the marital home, whether it is to be sold to a third party or full ownership is transferred to one spouse.  

What if we have a prenuptial or postnuptial agreement in place?

Prospective spouses, and even couples who are already wed, can set their own property division terms. For example, someone might want to include separate property in the marital estate or declare that each party keeps what he or she earned individually. If you have a prenuptial or postnuptial agreement in place, we can analyze its language to determine if it is valid and explain how it applies to your situation. 

Allocating community property can be a complicated process, but we are experienced advocates who can offer creative solutions when you and your spouse disagree on who should get one asset or the overall arrangement. If the gap cannot be bridged through other methods, we are always prepared to argue in court on your behalf.

Contact an attorney for a free consultation about Texas community property laws

Anne E. Kennedy, Attorney at Law counsels Texas spouses regarding the division of marital assets under the state’s community property law and other issues related to divorce. For a free initial consultation about your case, please call 713-862-8110 or contact us online.  Our firm has an office in The Heights section of Houston and a location in Brenham. 

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