Divorce can be an emotionally exhausting time. An experienced Austin property division lawyer can explain your legal rights and fight for the best outcome in your case. With nearly two decades of experience, Kazen Family Law & Divorce Lawyers can capably handle your property division matters. Contact us today to speak to a compassionate Austin, TX divorce lawyer at (512) 236-1315.
You may feel like just giving up and not responding to divorce papers, but everything you have worked for in your marriage is at stake. The decisions you make now can impact your life for years to come, including decisions related to your property division. You may be entitled to more property or have rights you are unaware of. Our legal team can help you with this process.
Property division is the legal process in which a court divides a married couple’s assets and liabilities according to the law. Many nuances can be involved in these types of cases, which is why it is critical to work with a knowledgeable Austin divorce lawyer.
When you hire Kazen Family Law & Divorce Lawyers in Austin, Texas, we can:
Contact our office today to schedule a confidential consultation.
Texas is one of a handful of states that follows a community property system. This means that all property obtained during the marriage is equally owned by both spouses. It is subject to a 50-50 split during a divorce.
Under Texas law, property is presumed to be community property. If a spouse wants it to be recognized as separate property not subject to division during the divorce, they must prove it is separate by clear and convincing evidence.
All property and earnings obtained by either spouse during the marriage are considered community property, regardless of whose name is on the paycheck, title, or other documentation. This can include:
An experienced Austin property division lawyer can review your situation and determine the property you own that may be subject to division.
In Texas, a spouse may have separate property. This is typically limited to:
To protect your separate property from division during the divorce, you will need strong evidence to establish its character.
There are several ways that property value can be determined. You and your spouse may agree on this value and can negotiate what you believe is a fair settlement based on these values. If you are unable to reach an agreement, you might consider hiring a professional appraiser to determine an objective value.
Professional appraisers generally consider what a similar property is worth in the open market. For example, if you want to know the value of your marital property, a professional real estate appraiser may inspect the home’s current condition, note any improvements, assess any needs for repairs or problem issues, and determine what homes with similar features have recently sold for.
Professional appraisers can also help determine the value of antique vehicles, art collections, and other unique items. In some cases, attorneys may hire expert witnesses to explain the value of property and how they arrived at these figures.
For many couples, the marital home is the most valuable asset they own. If they purchased the home during the marriage, it is likely considered community property. As such, you and your spouse can agree on who should receive the house.
You and your spouse may agree to continue co-owning the property. Or, one of you may decide to refinance the house in your individual name and buy the other spouse out of their share. Another option is to give one spouse a greater share of other community property in exchange for their interest in the property.
Keep in mind that you may have other valuable assets that are more important to safeguard. You may have a sentimental attachment to the home, but it may not be affordable for you to try to manage it on your own. You may be better off receiving a larger share of a retirement account or other asset instead.
If you cannot reach a decision, you can litigate the matter. A judge can consider relevant factors, such as:
Tex. Fam. Code § 3.63 states that property division should have “due regard for any children of the marriage.” Sometimes, Texas courts award the spouse to the custodial parent so they can continue to raise their children in it. However, they may still order the spouse to buy out the other spouse.
In other situations, the court might order the spouses to sell the house and split the proceeds.
It is often for the best for married couples to negotiate an amicable property division settlement. This can reduce the amount of time it takes to get divorced, speed up the process, and ensure a fair resolution both spouses can live with. If the spouses cannot communicate effectively together, they can negotiate through their attorneys or by using mediation.
If the couple cannot agree on a resolution on how to divide their property and debt, the court can decide. Courts begin with a presumption that the property should be split 50/50. However, either spouse can request a disproportionate division of property as part of their divorce complaint or answer. Courts may order unequal property divisions under certain circumstances, such as:
If the court orders a disproportionate division of property, it must provide written findings of fact and conclusions of law that support its ruling, if either spouse requests it. This must include the characterization of the property and its value.
If you are going through the divorce process and need assistance with property division matters, an Austin property division attorney from Kazen Family Law & Divorce Lawyers can help. Contact us for legal advice and representation. We can discuss your rights during a free, confidential consultation.
Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315
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