The Woodlands Divorce Attorney, Conroe Divorce Attorney » community property

Why You Won’t Get 50% of the Community Property

Rich Shea — Sat, 26 Jun 2010 22:30:40 +0000

Many people believe property is divided in half as a result of divorce. It certainly sounds reasonable on many levels. Equal division of property is the standard in some other states, but not in Texas. You can end up with a lot more, or a lot less, than 50% of the community property so you better understand the legal standard the judge is going to use.

It may not mean much to you right now, but if you have significant property to divide in your Woodlands Divorce case then the words “just and right” may end up haunting you if you are not prepared. “Just and Right” is the legal standard used to divide property in a Woodlands Divorce; not “equal”, “50/50” or anything like that. The magic words the judge will use to justify whatever decision he or she makes concerning property division is “just and right.” So, what does it mean?

Nobody really knows what “just and right” means. It is a moving target. The legislature put those words into the statute but never bothered to define them. Over the years countless judges have made rulings on what they interpret to be “just and right” in the case before them and that is what your Woodlands Divorce Attorney will rely on to present your case.

Be Prepared

Don’t risk losing a large portion of your property by not being prepared for your Woodlands Divorce. Attorney Richard L. Shea of The Shea Law Firm can represent you and help protect you from losing everything. Call (832) 426-3913 today.

About The Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights. Contact The Shea Law Firm at (832) 426-3913.

What is Community Property?

Rich Shea — Thu, 16 Jul 2009 12:22:12 +0000

In the last post I went through the requirements for identifying certain property as “separate property” in your divorce case for Montgomery County or Houston. Here we will review the rules for identifying community property.

Community property is everything acquired during the marriage that is not properly identified as separate property. The Conroe and Houston Divorce Courts must presume that all property acquired during the marriage is community property unless either spouse can prove to the court by clear and convincing evidence that certain items are protected as separate property.

When Does This Presumption End?

The day your divorce decree is entered and final. The community property presumption remains in effect even after you or your spouse file for divorce all the way through the last day in court. Some individuals choose to use a property agreement while their divorce is pending in order to provide some protection from their spouse’s debts or to protect their own earnings. Speak with a Conroe Divorce Attorney today if you need help protecting your property during your divorce.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston. If you need legal assistance with your family law issue speak with a The Woodlands Divorce Attorney today.

How to Keep Your Property from Becoming Community Property

Rich Shea — Mon, 25 May 2009 18:41:28 +0000

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? Simply testifying and giving your word that property in question was originally separate and according to your recollection remained separate is almost always not accepted by the Court. To be successful, you must establish the separate nature of the property though clear and convincing evidence showing the time and means by which you originally obtained possession of the property. If you can provide that proof, then you have another hurdle to overcome.

Property in the form of bank accounts, retirement accounts, or investment accounts typically generate interest, dividends, or capital gains. During a Texas marriage, these items are considered community property even if the account creating the interest, dividend, or capital gain is entirely separate property. In order to preserve your original separate property during a divorce in Montgomery County, you must trace every item of income, deposits, and withdrawals for the entire period of the marriage to prove to the Court exactly how much of the account is still your separate property and how much is now community property.

This is your burden to prove. If the Court has any doubt about the exact value of separate property versus community property it can resolve the dispute as it sees fit. Speak with a Montgomery County Divorce Attorney today to help protect your rights and property while going through divorce.