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HOUSTON PROPERTY DIVISION INFORMATION
Information provided by
Houston Divorce Lawyer John K. Grubb
In Texas, if you and your spouse enter into a written property division the
courts will almost always approve the agreement. The settlement agreement
must include all assets (house, cars, stocks, bonds, retirement, etc.),
and liabilities (mortgages, loans, credit cards, taxes, etc.). If the
parties cannot agree on a division of property, then the court will divide
the parties' community property "in a manner the court deems just and
right, having due regard for the rights of each party and any children of
the marriage." Please note that contrary to popular impression, the
Court is not required to divide community property 50%/50%. Some of the
factors the Court may consider in dividing community property are
disparity of income, education and training, health, age, fault in breakup
of marriage, nature of property, custody of children, and the parties'
capabilities. There is no way to tell how the court will divide the
community property --- it is a gamble. However, you can be better prepared by speaking with Houston divorce attorneys before you go to Court.
A spouse's separate property consists of (1) the property owned or
claimed by the spouse before marriage; (2) the property acquired by gift,
devise, or descent (inheritance); and (3) the recovery for personal
injuries sustained by the spouse during marriage (except for any recovery
for loss of earning capacity during marriage). The court cannot award your
separate property to your spouse or your spouse's separate property to
you. Separate property must be included in the settlement agreement. If
your case will not settle and it is necessary to try the case, the burden
is upon the spouse claiming separate property to prove that it is separate
by clear and convincing evidence.
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Community property consists of property acquired by either spouse
during marriage, other than separate property. All community
property must be included in the settlement agreement. Also in some cases a client may be entitled to reimbursement claims based on economic contribution.
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As a Houston TX divorce lawyer, I frequently hear clients say that they want their attorney to make
their spouse settle --- it does not work that way. A settlement agreement
is something that both parties voluntarily enter into --- if one spouse
does not want to settle, the only alternative is to try the case and let
the court decide the matter. If your spouse will not settle on your terms
or you will not settle on your spouse's terms, accept the fact and resign
yourself to letting the court decide the matter.
you are looking for options and solutions about property division, contact the Houston divorce lawyers at our firm today for a consultation
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