Porter, TX Divorce Attorney

Experienced Divorce Lawyer Protecting Your Rights in Porter, TX

Divorce is a thorny issue affecting thousands of families in Texas every year. When spouses decide to divorce, the division of property can cause intense disagreements, making the process even more emotionally challenging. Under Texas law, community property principles apply during the divorce process. Moreover, Texas handles different types of property uniquely, making attorney support essential as you approach the property division process. Reaching amicable agreements can be difficult when addressing issues such as the classification of property as either separate or marital and determining how to handle ownership of assets such as retirement accounts, real estate, stock portfolios, and more. A lawyer who has a strong understanding of Texas' property division laws can provide valuable legal counsel and representation to help ensure fair and equitable outcomes in these situations.

At The Bihm Firm, PLLC, we pride ourselves on assisting clients as they navigate difficult areas of divorce, including property division. With so much at stake, you need a legal advocate who is willing to go the extra mile to protect your rights and interests. When you choose us to represent you, you can rest assured that our legal professionals will be working to aggressively pursue a favorable case outcome on all issues related to your divorce.

What Is the Difference Between Separate and Community Property?

Texas is a community property state, and during a divorce, all marital assets and debts will be divided equitably between the spouses. First, however, it is important to understand how assets may be classified as either separate property or community property.

Separate property refers to property that was owned by either spouse before getting married, as well as assets acquired through an inheritance, received as gifts, or obtained as part of compensation in a personal injury lawsuit. On the other hand, community property includes all the assets acquired during the marriage. Even if pension plans or other assets are in the name of an individual spouse, Texas law states that these assets should still be classified as community property as long as they were acquired while a couple was married.

During a divorce, spouses may negotiate a property settlement or allow the court to determine how their community property should be divided between the two parties, taking into consideration the nature of each party's interest in the property, disparities in the incomes of the spouses, and other factors that may be reviewed by the court.

An experienced family lawyer can provide valuable insight and support concerning property classification during divorce proceedings. Our attorneys can review assets and liabilities, explain property classification as separate property or community property, and advocate for your interests during the negotiation process.

Additional Considerations Regarding Property Division in Texas

During the divorce process, you may need to address multiple types of assets, including mortgages, unpaid loans, liens on property, family businesses, high-value items such as jewelry or artwork, investment portfolios, and retirement accounts. Depending on the complexity of the assets you own, you may encounter challenges related to the identification, valuation, and division of different types of property. Other financial issues related to property division may include spousal support or inheritance rights. Our lawyers can provide guidance on how to handle different types of financial concerns in ways that will allow you to provide for your ongoing needs after finalizing your divorce.

Who Will Get the House?

Texas' community property laws consider all property acquired by either spouse during the marriage to be jointly owned and subject to division. Therefore, when you get divorced, the house you own together with your spouse will need to be considered during the property division process. Each spouse will have an equal claim to the house's value, regardless of who paid for it or whose name is on the title. However, the specifics of the division will likely depend on the circumstances of the case, such as whether the house was acquired before or during the marriage and whether there are any outstanding debts or liens on the property. One spouse may continue to own the home, while the other spouse may receive assets that have a value similar to the home's equity. Another option may be to sell the house and divide the proceeds.

Contact a Porter Divorce Attorney

You do not need to feel like you must go through your divorce alone. Your attorney will be with you through every step of the process to ensure your interests are respected and advocated as you address property division and other related issues. At The Bihm Firm, PLLC, our dedicated family law attorneys take pride in helping clients complete the divorce process successfully. To learn more about our legal services, call 936-788-6100 or contact us online for a free consultation.