Bruce C. Zivley, Attorney at Law

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Property Division Archives

Legal representation for a contested divorce

Every divorce in Texas involves a different set of problems and requires a unique solution. When spouses are unable to agree on a solution, the divorce may become contested, and a judge will have to make a ruling about property division. At our law firm, we are prepared to help you achieve the best possible outcome in your contested divorce.

A Houston family lawyer provides legal assistance

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.

What property can a divorcing spouse receive?

During a divorce, property division can be a major concern for the spouses involved. In Texas, the court endeavors to order the division of an estate in a manner that regards the rights of both parties while also taking into consideration the impact on children of the marriage in question. As a community property state, Texas treats property acquired by spouses while living in other states as if the party lived in Texas at the time of acquisition.

Division of property in Texas divorces

Texas couples considering divorce may be interested in how property is divided during the dissolution of a marriage. Texas is a 'community property" state. This means that property acquired between the dates of a marriage's inception and termination is to be divided as equally as possible by the District Court in the event that the spouses and their respective advocates cannot come to an agreement on their own. When couples do manage to reach an agreement on matters of property division, they may sign a Marital Settlement Agreement.

Benefits of utilizing a forensic accountant

From the point of view of Texas law, a divorce can be seen as the dissolution of a contract-based legal entity and the fair division of all assets and debts attached to the entity. Although the marriage may be dissolved, the economic implications must be worked out with scrupulous attention to fairness and reasonable division of property and liability.

Basic facts regarding property division in Texas divorces

Many Texas residents erroneously believe that during a divorce, property is split 50/50 between both spouses due to Texas being a so-called "community property" state. Actually, Texas family law judges are obligated to consider many factors in the attempt to devise a "just and right" allocation of the marital assets and debts.

Pets now considered during property division of divorce

In the past, couples often gave little thought toward which spouse would take the family pets during a divorce. There are often cases where one spouse would argue that he or she came into the marriage with the pet and therefore the pet should not be considered as community property. Or perhaps the pet had a medical condition and required expensive treatment, which party should be responsible for that at the time of divorce? Today, Texas law contains several laws aimed at reducing the murky areas regarding pet ownership and protection.

Ex-wife demands half of proceeds from forced property division

A recent lawsuit filed in the Galveston County District Court has drawn focus to a divorce case in which the division of property between the parties may not have been fair. According to the June 2 complaint, a woman says that her ex-husband lied to her about the status of their marital home at the time of their divorce. She claims that his lying and hiding of important facts caused her to get a poor split of the divided property.

Expert gives divorcing parties tips about property division

Divorce is usually a harrowing experience for both parties. Emotions typically run high because the parties involved are being forced to make some hard decisions about their futures. Most important are the decisions that affect the children. Which party will become the custodial parent? Which party will be responsible for providing spousal and child support? Those are just a couple of the decisions that can cause anxiety for divorcing spouses.

Wife of exonerated man seeks money under community property law

On May 12, the 5th District Court of Appeals handed down a ruling that said a man exonerated for the crime of rape is not financially liable to his former wife. The three-panel court reversed a lower court's ruling that the man owed his ex-wife a portion of $6 million in compensation owed to him by the state of Texas after DNA evidence proved that he had been wrongfully convicted of a crime back in 2008. The man had been arrested for rape back in 1982 and had served 25 years in prison prior to his exoneration.

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