Setting The Stage For Financial Stability
Property division is one of the most critical elements of a divorce because the outcome will set the stage for your future financially. You want to make certain that you remain financially stable as you move forward into your life after divorce.
At Weinman & Associates, P.C. in Austin, we understand the fear of financial instability. Our founding attorney, Daryl Weinman, has been through a divorce herself. She knows the thoughts that run through a person’s head in these situations: Will I be left struggling financially? Will I be able to afford my home and my bills? Will I have the money to raise my children comfortably?
Our family law firm is prepared to advocate for you. We come to these cases with more than 20 years of experience. We know Texas property division laws, and we are ready to do the work to put you in the strongest possible financial position.
If you would like to meet with us to discuss property division, call 512-472-4040.
Community Property And Separate Property
Under Texas law, most property acquired during the marriage is community property (sometimes referred to as marital property). Texas law requires that it be divided on a fair and equitable basis, though not necessarily on an equal basis.
We will carefully review your financial situation. We will identify community property, place a value on it and determine a fair basis for a division of that property. We will also help you identify separate property. This includes property that was acquired prior to the marriage, as well as certain other types of property. This property is not considered part of the community estate and is not to be divided. However, evidence must be provided to demonstrate that property is indeed separate property, because under Texas law all assets are considered community property until proven otherwise. This process can become very involved, particularly when marital assets are significant, when separate and community assets are commingled, or when the marriage has lasted for many years.
At Weinman & Associates, P.C., we have experience in tracing the transformation of assets and in their valuation. We have a demonstrated ability to handle even the most complex property divisions involving substantial or unique assets.
When we represent you, we will make certain that all of your questions about property division are answered so you understand the process. Our lawyers value education in divorce cases.
When Property Division Gets Complex
While most divorce cases typically require the division of the family home, bank accounts and retirement accounts, there are some cases that involve substantial or unique assets that may require specialized attention. Our decades of experience allow us to handle cases involving:
- Businesses and professional practices
- Multiple real estate holdings, including out-of-state or international holdings
- Oil and gas rights and other mineral rights
- Ranch and farm property
- Stocks and investment accounts
- Art and antique collections
We take a systematic approach to property division — carefully analyzing the issues, investigating the details, and marshalling facts and figures to support your case. When appropriate, we consult with forensic accountants, financial analysts, business valuation specialists and certified divorce planners who can shed light on complex financial issues.