During divorce proceedings, couples may have trouble determining who gets what property. Each party may have a sentimental attachment to particular items or may want the items to decorate their new home. For most couples going through a divorce, they are generally able to reach an agreement on who gets what. There are times, however – especially during complex divorces and property division – where the parties want the same items and are willing to spend more money fighting over the item than it is actually worth.
If you find yourself in a dispute over how your property will be divided after your divorce, consult with Attorney Jamie Jordan. As a skilled divorce attorney in Fort Bend County, she understands how to successfully navigate and resolve these kinds of disputes.
Are you in need of assistance on how your property should be divided? Contact us online or at Jamie Jordan, PLLC can help you with what is fair and equal!
How is Property Divided in Texas
When determining property division, it is important to know that as soon as one party files for divorce, all property and assets are supposed to stay where they are. That means that the party who has been paying insurance will continue to pay insurance, the party who pays the mortgage will continue to pay the mortgage, and so on. No assets are to be sold or otherwise disposed of unless it is necessary to pay for basic living expenses.
There still remains the issue of who will get certain items such as who gets which vehicle, or who is entitled to stay in the marital home. If the parties are not able to agree on these issues, the matter will be presented to the court. This is generally done in a temporary relief hearing. The party requesting the hearing will explain through written affidavit and arguments presented by their attorney why they want what they are asking for, and why it is important for them to receive it.
The other party is then given the same opportunity to explain why they do not agree with the property division, or why it would be better for them to have the property. The judge will take all of the information presented into consideration and make a final decision.
Mediation or Litigation
Dividing up personal property is not what most courts want to be involved in. Determining which party stays in the house is one thing; determining who gets the antique end table is another. In some cases, it has been known to happen that a judge will order property to be sold and the proceeds divided between the parties, no matter how much sentimental value the property has. That is why it is best for the parties to try to put their emotions aside and come to an agreement on property outside of court.
Whether you and your soon-to-be ex-spouse are close to an agreement on property division or miles away, having an experienced property division attorney from our firm on your side can help protect your interests. If there are only a few minor property division issues to resolve, we would probably recommend divorce mediation. At mediation, both parties are able to discuss the property that needs to be divided and, in many cases, come to more creative solutions for dividing it. If mediation proves fruitless, we can represent you before the family law court.
Community Property State
Texas is a community property state, which means that most property acquired during the marriage belongs to both spouses, and the court must divide it at the time of divorce. However, each spouse will be able to keep his or her separate property when the marriage ends. Separate property are the assets or debt that has been collected before the marriage.
One common misconception about property division is that it is 50/50. This is not quite true. Under Texas law, property is to be divided equitably. This brings in the concept of fairness; a court is not going to make sure every penny is matched on each side of a property settlement. If there are two vehicles, for example, and one is worth more than the other, but they are similar in value, then the court will award each party a vehicle and not worry about balancing out the values.
Is Income From Separate Property Community Property in Texas?
If any income is earned from separate property during a marriage, it is then considered to be community property. This may also apply to debt, unless a prenuptial or postnuptial agreement states otherwise.
Call Jamie Jordan, PLLC
When it comes to divorce and determining property division, having our attorney working side-by-side with you will not only give you a little more peace of mind but can help protect your interests as well. With many years of experience practicing law, we work hard to protect the interests and rights of our clients. Our goal is to help you finalize your divorce as smoothly as possible so that you can get on with your life.
If you are in the process of getting divorced, you may greatly benefit from having a Fort Bend County divorce attorney on your side, helping look out for your rights and interests. Jamie Jordan, PLLC can evaluate your current situation, analyze what options are available to you, and help you determine the best course of action to pursue.
Are you seeking legal representation for property division? Contact us at 281-466-3994 today. Hablamos en Espanol!
Attorney Jamie Jordan understands the pain of divorce – her parents divorced when she was a child and she has also personally experienced the pain of divorce from a previous marriage. She understands the emotional turmoil of this difficult time and she is passionate about providing caring and compassionate representation to clients navigating a divorce. Whether you are facing a contested divorce or a more amicable uncontested divorce, Attorney Jamie Jordan is ready to help you.