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Property Division

Cypress Property Division in Divorce Lawyer

Our team of Cypress divorce lawyers at Skillen Firm has the skills resources and experience necessary to handle even the most complex divorce cases. Property division can be extremely difficult for couples to navigate during the divorce process.

Texas is a community property state, which means that any property that either spouse acquired during the course of a marriage is usually presumed to be shared community property unless you can show otherwise.

A family law attorney in Cypress, TX can help you navigate your divorce and come to agreements using mediation and negotiation. This will not only move the process along quicker, but it can also save the time and stress of long court battles.

Skillern Firm Divorce & Child Custody Lawyers has been providing professional legal assistance to families in Texas for over 50 years collectively. Our highly personalized approach to the attorney-client relationship and our dedication to family law matters, help spouses to move onto the next stage of their lives with confidence.

Speak to a Cypress, TX divorce attorney today and arrange an initial consultation, at (832) 688-6606

Community Property Vs. Separate Property in Texas Family Law

Cypress, TX is governed by Texas family law. Texas is a community property state, which means that any property acquired prior to marriage, property protected by prenuptial agreements, gifted or inherited property, or any assets from a personal injury settlement, remain separate after divorce. Any property acquired by either spouse during the course of a marriage is usually presumed to be community property that belongs equally to both spouses. Community property could therefore be subject to a 50/50 split upon divorce.. That includes real estate, bank accounts, vehicles, self-owned businesses, and all other assets.

However, Texas is different from most other community property states. Although community property is presumed to be shared, it can also be split in an equitable manner, which does not always equate to 50/50. If one spouse believes that they deserve a higher percentage of community property than the other, then as long as they can show that it is fair, the Judge can award it.

For example, if one spouse earns considerably more, has a good job, and is in good health, while the other spouse gave up opportunities to care for children, and does not have the opportunity to earn as much as their ex-spouse, then the Judge may award them a higher percentage of community property. In order to determine and evidence which assets are community property, and which are separate, a Cypress, TX divorce lawyer will prove invaluable.

When couples try to navigate these issues on their own it can lead to a lot of hostility, and back-and-forth with a Judge which ultimately costs the couple time and money.

At Skillern Firm Divorce & Child Custody Lawyers, we will help you come to an amicable divorce agreement that the court is likely to approve. Where this is not possible we also have the skills and experience necessary to represent our clients in court proceedings and fight for their best interests. A skilled divorce lawyer, with experience in community property state law and property division, will guide you through the process and ensure that you secure a fair outcome that will enable you to move forward in your life with confidence and financial security.

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Cypress, TX Property Division FAQs

  • Texas court always prefers if couples can agree amicably on how to divide assets. At Skillern Firm Divorce & Child Custody Lawyers our Cypress divorce lawyers are skilled mediators and will help you formulate an agreement that works for you, one which a Judge will accept. This will save you a lot of time and money. Of course, it isn’t always possible, which is why a high-quality divorce lawyer will be equally skilled in the courtroom.
  • If you and your ex-spouse built a business together then you need the guidance of a skilled divorce lawyer. They will help you work out how much time and money each spouse has invested and how to break the business up, or how to compensate the spouse who leaves the marriage without the business. Cases involving additional parties can be particularly complex, so it is a good idea to have skilled representation.

    Some couples may want to continue each playing a part in the business, or they may both choose to walk away. Skillern Firm Divorce & Child Custody Lawyers offers a personalized approach and will help you work out a solution that is fair and reasonable and fits your needs.

  • After a legal separation, any debt acquired during the course of the marriage is considered community property. Student loans are an exception to this rule. However, if you believe that debt should belong to one party if, for example, one spouse was clearly responsible for the debt, then you can fight to keep it separate. If the debt is solely assigned in one party’s name and was used for their sole purpose then you should fight to keep it separate. However, if the debt is only in one spouse’s name but was for the purposes of both parties, it will remain community property in the eyes of the court.
  • When it comes to pensions and retirement funds, they are usually considered community property when either party has added to them during the duration of the marriage. This means that one spouse may be entitled to seek a percentage of those benefits and savings.
  • Most couples in Texas opt for a no-fault divorce, which means they separate on grounds of “insupportability” where no blame is placed on either party. However, if a fault is clear, i.e. one party has been guilty of domestic abuse or adultery, then the court can take that into consideration when dividing assets.
  • If your spouse has hidden assets such as offshore accounts or real estate, then your Cypress, TX divorce attorney can work to make sure that they are considered.

Contact a cypress Divorce Attorney at Skillern Firm Divorce & Child Custody Lawyers Today

At Skillern Firm Divorce & Child Custody Lawyers, we deal with divorce proceedings, spousal support, child support, child custody, and all other family law matters on a daily basis. Our Cypress divorce lawyers are here to guide you and your former spouse through your divorce case as easily as possible, ensuring a secure and bright future for you both.

Every family attorney at Skillern Firm Divorce & Child Custody Lawyers is skilled and experienced in mediation and negotiation, as well as litigation and the complexities of Texas divorce and family law. We can help you understand what “equitable division” means in Texas, and how your case will be viewed in court. A skilled Cypress divorce lawyer is ready to begin guiding you through the process and securing your best possible future.

Call your local office today to arrange an initial consultation at (832) 688-6606

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