Houston Property Division Attorney

Do you have problems concerning property division in a Texas divorce? Property division in Texas divorce cases can be one of the most contentious issues. If you are facing property division issues in a Texas divorce, particularly a complex one, don’t hesitate to contact a Houston property division attorney.  At Chargois Harper, we can provide you with detailed information on state laws and other relevant facts.

You can depend on our Houston TX attorneys for your probate, estate planning, family law, landlord-tenant, and real estate legal requirements in Texas and Illinois, since we have over 30 years of experience. Our diversified legal team considers your interests and develops cost-effective solutions to your legal challenges. Call us now to schedule your introductory consultation!

What Is The Distinction in Texas Between Community and Separate Property?

In Texas, property is categorized as either separate or community property. Separate property generally refers to any assets you or your spouse acquired prior to the marriage.  Separate property includes:

• Property owned or claimed before marriage.
• Property received as a gift, inheritance, or device during the marriage.
• Compensation for any physical injuries received during the marriage.

On the other hand, community property generally refers to assets acquired by either spouse during the marriage. Even if you use your credit to buy something for yourself during the marriage, it is still considered community property. 

Examples of community property include:

• Income
• Property investments
• Businesses
• Retirement accounts
• Investments
• Vehicles
• Household items
• Credit Cards
• Personal loans
• Mortgages

While Texas allows you to argue that certain assets obtained during the marriage should be separate, strong proof is required to do so. Chargois Harper thoroughly assesses your situation to ensure you receive the assets you are entitled to.

What Happens to Our Property During Divorce?

Texas follows a communal property system, where assets acquired during the marriage are considered community property, owned equally by both spouses regardless of whose name is on the assets or who covers certain bills. All community property must be divided properly and equally following a divorce. In most cases, a fair and equitable division entails a 50/50 share. 

However, some situations might lead to a disproportionate distribution of assets, such as fault in the marriage’s dissolution, income disparities, tax consequences, and child custody considerations.

If you believe you face a difficult property issue, contact a Houston property division attorney at Chargois Harper for additional guidance on local rules and any other relevant information.

How Is Property Divided in Divorce in Texas?

The court does not simply divide your communal property in half during your divorce. Instead, according to Texas Family Code 7.001, the judge must split the community estate in a “just and right manner,” considering various factors such as:

• Maintenance for the spouse
• The financial status of each party
• Previous behavior
• The health of each partner
• Which spouse is in charge of the children?
• Concerns about taxes
• Who is to blame for the divorce?
• A capacity of each party to support oneself

We may be able to assist you in negotiating a property split with your partner outside of court to avoid a lengthy and costly judicial struggle. Once you and your spouse have signed a documented asset split settlement, the court will analyze and determine if it is fair and equitable. Our skilled attorneys at Chargois Harper can help you with the document to prevent significant modifications.

What Is a Disproportionate Asset Division?

When one spouse obtains more than half of the marital estate, this is referred to as a disproportionate distribution of assets. A disproportionate split may be imposed for a variety of causes such as:

• Culpability in the marriage’s dissolution 
• Comparative earning potential
• Income discrepancies 
• Tax repercussions,
• Child custody arrangements.

How Are Debts Distributed?

Debts are split in the same way that assets are. Regardless of whether your spouse is required to fulfill debt payments, if your name is still attached to the loan, your credit rating will suffer if your spouse fails to make the payments. 

It is essential to refinance all debt and close any joint accounts with each party’s individual name. Our property division attorney at Chargois Harper’s can assist you in doing this correctly to prevent problems in the future.

Why do I need a Houston Property Division Lawyer?

Most property division disputes, especially those involving complicated property concerns, are settled through negotiations or mediation. At Chargois Harper, we understand the different challenges involved in property settlements. Our skilled Houston property division attorneys have the knowledge and experience needed to negotiate a property settlement that protects your specific interests.

While we work relentlessly to resolve your matter out of court, if negotiations fail, our Houston property division attorneys are prepared to fight for your rights in court. We believe collaboration is the key to achieving success, thus we provide you and your case with the individualized attention you require to accomplish your objectives.

Here are the characteristics you should look for in a top property distribution attorney:

• Similar Case Experience: Chargios Harper has proven throughout the years that we can deal with each issue. Our Houston legal professionals can assist you with anything from legal guardianship to visitation and parenting time.
• Comprehension of Jurisdiction Laws: Of course, a lawyer must be familiar with local legislation. Land limits vary widely from state to state. A property distribution lawyer who is well-versed in local legislation is the best choice for your situation. In Houston, it makes sense to select an attorney who is familiar with Houston law and knows how to get the most favorable result. Fortunately, our Chargois Harper is on hand to help.
• Competence in Communication: Communication is essential in legal issues such as property division. You must hire a lawyer who can represent you and talk with the other party, judges, other attorneys, and your partner. The ability to express your objectives of the other party is critical when selecting a lawyer. Having years of legal knowledge, we can aid you in speaking, being heard, and reaching the most ideal possible result.

Throughout your divorce, your property division attorney at Chargois Harper is going to collaborate with you to determine and establish distinct property rights to prevent your husband from unlawfully seizing what you have. Contact Chargois Harper today! 

Call our Houston Property Division Attorney Now!

Property distribution is a significant topic that might affect your current and future life following a tough divorce, so having a knowledgeable property distribution lawyer on your side as you go through the complexities of legal documentation and courtroom procedures is vital. We at Chargois Harper make every effort to guarantee that your properties are safeguarded and legally held. If you or someone you know is facing legal issues, please contact us for an initial discussion. We would be happy to answer any questions you may have.

Chargois Harper is a Houston-based law firm that also handles:

• Divorce
• Child Support
• Estate Planning