Sugar Land Property Division Attorney
How is Property Divided in a Divorce in Texas?
Texas is a community property state, which means that property acquired by both parties during the marriage is presumed to be community property. Property acquired before the marriage, or during the marriage through gift or inheritance or with separate property funds can be deemed separate property but it must be shown with clear and convincing evidence. The burden is on the party asserting a separate property claim. Further if separate property funds and community funds are co-mingled during the marriage, a forensic accountant expert may need to be retained to conduct a tracing to determine the characterization of the funds or property.
Since property cannot always be split neatly in half, there are a few factors the court may consider in regards to property division, such as the:
- Health and age of each spouse
- Duration of the marriage
- Income of each spouse
- Tax consequences
The topic of dividing assets and debts during a divorce can be quite complex and even contentious in some cases. Since your shared property is not divided precisely 50/50 in a community property state, you may have certain concerns. If you and your spouse are going through a divorce, it is in your best interest to speak with a knowledgeable Sugar Land property division lawyer. Let Kutty Law Firm, PLLC help you understand your rights and make wise decisions that protect your best interests. We are known for advocating aggressively for clients.
Contested Property in a Texas Divorce
If your ex contests the division of property and debt, or if they refuse to follow the division laid out in your final divorce agreement, you do have legal options. Before your divorce decree is signed by the judge, your attorney will work diligently to ensure your property and debts are split evenly, per Texas’s community property rules. We will argue your side of the story and ensure your voice is heard throughout your contested case. More importantly, we provide a level head and a sympathetic ear when you are facing an emotionally taxing legal battle.
If your ex refuses to comply with your court order after it has been signed by the judge, we will take them to court to help you get what you are owed. This is known as enforcement and it involves bring a suit against your ex by filing a motion for enforcement in the court where your divorce originally took place. There is a two-year statute of limitations, after which a suit may not be filed, so it is important that work quickly if your spouse is not complying with your divorce order.
Should your ex still not comply, a motion for delivery of property can be filed and any further noncompliance will be met with financial penalties, jail time, or other punishments, as your ex will then be held in contempt of court.
Protecting Your Hard-Earned Property
Whether you have a specific piece of property you are concerned about losing or want to ensure that your shared property is distributed fairly, Kutty Law Firm, PLLC can help. While there is no way to guarantee an outcome for any step in the divorce process, our Sugar Land property division lawyer can work to protect your best interests. Yasmin Kutty and her team will work hard to create an inventory of assets and liabilities in order to assist with how to divide the property equitably. The Kutty Law Firm has experience in guiding clients on whether to retain experts to conduct a tracing of funds or property, conduct business valuations, inventories for businesses, and any other needs to assist with a property division.
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Attorney Kutty Has Over 20 Years of Experience