Under the Texas Family Code, property is to be divided “in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.”
Determining What Is Just And Right
“Just and right” does not necessarily mean equal. In some cases, it is fair to split the community property in half so each spouse walks away with the same amount. However, the balance may be tipped when other factors are taken into consideration, such as inequalities in income or earning potential. Child custody arrangements may also need to be considered.
At the Law Office of Kyle Whitaker, we will take a close look at your situation. Are there reasons why you should get a larger share of the community property? If there are imbalances, we will make certain they come to light. Using our 20-plus years of family law experience, we strive to negotiate a fair division of property. If negotiation is unsuccessful, we are always prepared to fight the case out in trial.
Not All Property Is Subject To Division
Before going to battle over the division of community property, we will take care to identify your separate property. Separate property includes property acquired prior to the marriage, as well as inheritances and gifts. It is not subject to division during divorce. However, we must prove that it is separate property and protect it appropriately. This type of complex accounting requires the knowledge and experience of our team.
So Much More Than The Family Home
The family home is the center of attention in many property division cases. Our lawyers are prepared to address division of the family home as well as other residential and commercial real estate holdings, including out-of-state property and vacation homes. We are experienced in dividing businesses, including those where goodwill value becomes a major factor, such as medical practices and other professional practices. Regardless of the assets involved in your case, you can be confident in our ability to protect your fair share.