Property Division

Property Division Attorneys Serving Denton, Lewisville, and Flower Mound

Along with child custody, visitation, and support rights, property division is one of the primary issues that need to be resolved in order to finalize a divorce. Lewisville property division lawyer Helene Parker has substantial experience as both an advocate and a mediator in Texas property divisions, and she can help you reach a mutually acceptable division to allow you to move on from your divorce.

Texas “Community Property” Rules

Under the Texas “community property” rule, with certain exceptions any assets accumulated during the parties’ marriage are subject to division when the parties divorce. This includes cash, real property, retirement benefits and any other property that comes into the marriage as a result of the labor of either spouse. Assets owned prior to the marriage are generally not considered community property, and thus are not subject to division as a result of the divorce.

The starting point for community property division in Texas is an equal split (although determining who gets what in order to strike that balance can still be a challenge). However, the existence of certain assets may warrant an unequal property division in Texas. These include:

  • Gifts and inheritances
  • Funds obtained in a settlement or judgment
  • Income obtained as a result of superior earning power

In addition, fault in the marriage (e.g., adultery) and errors or improprieties in the manner in which one spouse handled joint finances may also justify a disparate property division.

Amicable Property Divisions

Parties amenable to settling their property division through negotiations are able to do so without substantial court involvement. However, even if the parties are able to agree on all aspects of the property division, they still need to go to court to obtain judicial approval and finalization of their divorce.

When negotiating an amicable property division, it is generally best to have an experienced divorce attorney represent you during the process. There are many issues that are easily (and often) overlooked, and having a Lewisville property division attorney on your side will help ensure that any ambiguities are addressed and nothing in the final agreement is left open to misinterpretation.

Contested Property Divisions

When the parties are unable to agree on all aspects of their property division, they will need to seek court or other third-party intervention in order to reach a resolution. In many cases, mediation is preferable to a lengthy court battle, and the court may even instruct the parties to attempt to come to an agreement through mediation before it will issue a judicial decree. At Helene Parker & Associates, L.L.C., we are experienced, thorough, and effective advocates for our clients, and we will work closely with you to make sure that your Texas property division dispute results in an acceptable outcome.

Mediation for Contested Property Divisions in Texas

Lewisville property division attorney Helene Parker is also an experienced family law mediator. Read more about Ms. Parker’s Texas property division mediation services.

Speak with a Knowledgeable Lewisville Property Division Attorney

To seek legal advice with regard to your Texas divorce or property division, or to hire Helene Parker to mediate your Texas property division dispute, contact us today. We serve clients in Denton, Lewisville, Flower Mound, and surrounding areas.