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How to Keep Your Property from Becoming Community Property

May 25th, 2009 Rich Shea No comments

Division of property is often a significant issue for families going through divorce in The Woodlands or Montgomery County. Each spouse wants to keep or obtain the property they believe they are entitled to. Texas is a community property state; however, it is possible to protect your separate property from becoming community property and being partially awarded to your future ex-spouse.

Any property on hand in a marriage is presumed to be community property. In order to rebut this presumption of community property, your Montgomery County Divorce Attorney must trace the property on hand during the marriage back to property that was separate (i.e. before the marriage) and continue up to the end of the marriage. This means the entire period from when you first obtained the property up to the date the divorce petition was filed. If you are successful, you can keep your separate property from becoming community property. If you fail, the Court may award significantly more of your separate property to your ex-spouse than he or she is entitled to.

How do you stop this from happening? Read more…

Division of Property

April 30th, 2009 Rich Shea No comments

Division of the marital property is often a key issue attorneys deal with in divorce cases in The Woodlands. Each party often believes they are entitled to certain property at the conclusion of the divorce, but what does the law provide for how to divide property? Read more…

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