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Property Division

Skilled Counsel for Complex Property Division Problems

At the Law Office of Lori Elaine Laird, our lawyers combine a thorough understanding of the Texas Family Code with an aggressive approach to advocacy that helps our clients through the challenges of a property division dispute.  If your divorce will present complex problems with respect to the characterization, valuation or division of community property, discuss your situation with an attorney who can help you understand and resolve them.  Contact our office in Houston at 832-699-1966 to schedule a confidential consultation.

Our experience with the resolution of community property issues in Texas divorce can give you an advantage toward a favorable settlement or decree, no matter how extensive or complex your marital estate happens to be.  We are familiar with the negotiation, mediation and trial techniques that can protect your interests across a wide range of property division problems.

Divorce: Some Marital Property Issues to Consider

Determining whether a given asset is a community marital asset, the separate property of one spouse, or an asset of mixed characterization, for example, part separate and part community may require investigation by your attorney

Tracing commingled assets to preserve their separate character

Advising you about the validity of prenuptial agreement terms

Dividing family business assets

Assessing the portion of retirement or investment accounts to be treated as community property and assessing any portions of retirement or investment accounts that are separate property

Locating and recovering undisclosed or transferred assets for inclusion in the marital estate. Sometimes individuals may suspect or actually discover their spouse has been hiding assets that we need to locate and value to properly divide in the division of property

Apportioning marital debts and liabilities between the divorcing spouses

Any reimbursement claims that one marital estate may be owed

These are just a few of the sometimes complex issues involved in the division of marital property. Each case is unique and we will evaluate the circumstances of your marriage, the marital and separate property estate of both parties and determine what type of investigation is required to assure your interests are protected.

The general rule is that any property acquired by either spouse during the marriage, with a few exceptions-such as assets acquired by gift or inheritance, is part of the marital community and subject to division between the spouses.  This presumption can only be overcome by clear and convincing evidence showing that the asset is separate property after all.

For many assets, such as the appreciated value during the marriage of one spouse's separate property, the advice of an experienced divorce attorney will be essential to an accurate analysis of just what's in and what's out of the marital estate.  You also stand to benefit from our litigation experience if a restraining order is necessary to protect your financial position at any point of your divorce.  Our experience with the development and presentation of evidence in property division disputes can help you get your fair share of the marital estate, whether it's simple or complex.

Reliable Advice About Asset Division in Divorce

For questions regarding community property versus separate property issues call our Houston Law Office at 832-699-1966 for a confidential consultation or complete a client contact form to have an attorney contact you.

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