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Why You Need a Property Division Attorney During Divorce

Texas law categorizes property belonging to married people as community property or private property. Community property is all assets and liabilities acquired by the spouses since the first day of marriage. It belongs to both of them, and they must share it if they decide to have a divorce. Separate properties are possessions and debts accumulated before marriage, and each spouse retains his or hers at the time of divorce. Such assets may include gifts or inheritance given to one spouse only while still married. Therefore it is crucial for partners to contrast what they own jointly from what belongs to them individually at the time of separation.

If the partners cannot solve the divorce amicably, they may require a third party to intervene in resolving property division disputes. Disagreements can arise if one spouse feels that he or she was more active in generating wealth, or the other partner was responsible for the accumulation of debts. To prevent the division of your personal asset, you have to prove by convincing evidence that the asset is your separate property. Money from the settlement of personal injury claims is separate property unless it includes compensation for lost wages during the marriage period.

Unlike many US states where the marital property is shared on a 50-50 basis, the Texas courts divide the community property in a just manner depending on how the judge feels fair. They settle marital property distribution in this way due to the following considerations:

? Inequality in the earning capacities of the spouses

? The spouse entitled to child custody

? Disparity in academic backgrounds

? Special needs of the spouse or children after divorce

? Age difference

? Health condition of each spouse

Valuation of a jointly owned business or goodwill is a complicated process. Separating spouses are often not willing to work together anymore, but they want an equitable share of the enterprise. Whether you are sharing a small estate or an empire, a lawyer can lobby for a fair portion of the marital property on your behalf. You may also need representation for fair distribution of liabilities such as credit card arrears and debts. It is unadvisable for you to undergo the process on your own as you may not have the necessary skills for fully safeguarding your interests.

For the equitable division of marital, you may need a skilled property division lawyer from Houston to represent you.

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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