Before property division can take place, steps need to be taken to ensure that assets and liabilities are properly characterized. In Texas, everything is initially presumed to be community property and subject to division at the time of divorce. Any property which is not community property is either separate property or a mix of community and separate property. If there is separate property, the owner spouse has the burden of proving its separate character. At The Lincoln Law Firm, PLLC, we understand the importance of protecting your separate property and protecting you from your spouse's separate liabilities.
To schedule your consultation, call 832-478-6750. You may also fill out a contact form and someone from our firm will be in touch with you soon.
What Is Separate Property?
Separate property is any asset or debt possessed prior to the marriage, or an asset obtained as a gift or inheritance during the marriage. Sometimes, proving separate property can be challenging. Good record keeping is essential to proving one's separate property. In many cases, the parties' community property and separate property are commingled. Gifts and inheritances are often deposited into joint bank accounts. Every case is different — some may be fairly simple to trace one's separate property and others may require the services of a forensic accountant to trace the parties' separate property.
We are skilled at proving that certain assets are yours and not subject to division, and that certain debts are your spouse's and should not haunt you after your divorce is finalized.
The Next Steps
Once everything is characterized, the next step is community property valuation. How much is everything worth? Only with this information can division of community property and liabilities occur in a manner that is just and right.
Contact A Separate Property Dispute Attorney Serving Cypress
We look forward to speaking with you. To arrange a consultation with a property division lawyer, please call 832-478-6750 or contact us by email. Hours: Monday-Thursday, 8:30 a.m.-5:00 p.m. and Friday, 8:30 a.m. - 12:00 p.m.