Property Division Following Divorce
Angela Stout provides experienced representation in complex property division suits.
Texas is one of nine states in the United States operating under a community property system. In dividing an estate upon divorce, property will be characterized as either community or separate. Property acquired by a spouse during the marriage is presumed to be community property subject to division by the court. This presumption can be rebutted however, by a showing that the property was given to or inherited by a spouse during the marriage. This is true because separate property is defined as property owned by a spouse prior to marriage, given to a spouse during the marriage, or that was inherited by a spouse during the marriage. By law, the court cannot divest a party of his or her separate property.
While this explanation seems simple enough, the reality is characterizing assets and liabilities and tracing the funds throughout a marriage can often be a complex task. This is especially true when property is acquired with both separate and community funds or parties co-mingle assets, resulting in tracing issues and/or reimbursement claims. If you are involved in a complex property division suit, you will benefit from obtaining an experienced Houston divorce lawyer who can help you characterize your assets, trace your funds, and make your case.
Whether the case is composed of a high net worth estate involving the valuation of complex assets and business interests or a more modest estate, The Stout Law firm, P.L.L.C. Houston attorneys are equipped with the knowledge, skill, experience, and dedication needed to secure results for clients.
‘Just and Right’ Property Division
As a community property state, Texas law begins with the premise that the community estate should be divided between the parties in a ‘just and right’ manner. What constitutes ‘just and right’ however, varies based on the circumstances of each particular case. In some instances advocating that an estate be divided equally between the parties may be appropriate. In other cases a more aggressive approach may be warranted. This may include seeking a disproportionate division of the community estate in favor of one spouse, alleging waste claims, and/or seeking a reimbursement claims from one marital estate to another.
Filing a Property Division Suit in Houston? Contact Angela Stout.
Angela A. Stout is an experienced Houston attorney and qualified in handling complex characterization claims, and stands ready to guide you through this important process. At the The Stout Law firm, P.L.L.C, our lawyers begin each suit by acquiring a comprehensive picture of the client’s financial situation and his or her goals, interests and concerns. Whatever the case may be, Ms. Stout is committed to working with each client to ensure his or her needs and goals are met. She is prepared and ready to negotiate an accurate and fair settlement for each of her clients.
In cases in which settlement proves inappropriate or unworkable, Angela Stout will fiercely advocate for her clients at trial. She approaches each case with the understanding that every family is different as is their financial situation. With that in mind, The Stout Law Firm, P.L.L.C., identifies our clients’ goals early on and stands by their side throughout the divorce process to ensure the best solutions to their property division issues are achieved.
Contact us today to set up a consultation regarding the options available to you.