Bruce C. Zivley, Attorney at Law

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Houston couples can expect that one of the most contentious aspects of their divorce will be dividing their property. This is for good reason. Decisions made during this process can have lasting positive and negative consequences for years to come. While some individuals are able to move forward with an uncontested divorce, individuals who do not agree about how to divide property or other important issues in their divorce case must usually proceed with a contested divorce.

Like a few other states, Texas is a community property state. A lawyer can explain what this mean for the debts, property and income acquired during your marriage. They are usually presumed to belong to both spouses in equal portions. However, if you have a particular piece of property that you believe should not be subject to this legal presumption, a lawyer may be able to help you fight this presumption. Each case presents different legal issues. Our firm has 25 years of experience as a family law attorney to use in your case. For example, we may be able to help you prove that you had a particular piece of property before you were married and that this property should not be considered communal.

One of the more complex determinations is evaluating whether business interests or real estate is separate property or community property. If a court has to make this determination, it considers several factors in order to make a decision that is fair for both you and your spouse. For example, the court might consider the property's size, the length of your marriage and how each spouse contributed to the marriage.

The property division aspect of a divorce can be complex, and reaching an amicable decision without intervention may be nearly impossible. If you would like to learn more about this topic, check out our page on property division issues.

Source: Bruce C. Zivley, "Talk With an Experienced Houston Attorney About Your Divorce", October 10, 2014

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