Texas Family Law. - Property division in divorce. Divorce is not a pleasant thing to do and often leads to acrimonious disputes over the trivial as well as the important things. In some instances one partner will try and extract some retribution for real or imaginary wrongs incurred against them during the marriage or break up.
The State of Texas will normally assume that there was no fault and will deal with the break up without regard to the acrimony being expressed by either party. A Texas Family Lawyer can help here. The only way this will be modified is if fault can actually be shown. Fault may well be recognized if it can be proved that the other spouse committed adultery, was physically abusive or cruel or actually abandoned them.
In cases where a fault finding is being sought attorneys with experience should be appointed to represent their client's best interests. Such a finding of fault in a divorce case may indeed have an effect on the property division.
In any event the formalities of property division have to be completed and representation by experienced family lawyers will protect the interests of the parties and ensure that the division is fair and equitable.
Everything is made fairly easy by the existence of a pre-marital agreement. If the agreement was well drawn up then the actual property of each party coming into the marriage will be clear and identifiable. The Dallas Divorce Attorneys are experts at drwing up premarital agreements
If no pre-marital agreement exists then the first step is to clearly identify what is person's property pre - marriage and what was acquired during the marriage but not subject to sharing with the other spouse (Inheritance or personal gift). Provided this is agreed then all of these items or their value may be removed from the equation.
Everything else is community property and has to be valued and split according to Texas Law. Valuation is very important and again an attorney with experience will safeguard the interests of the parties involved.
All assets need to be inventoried as do all debts. Any property acquired during the marriage may have gained value and a just valuation of it is essential, however taken off that must be any and all outstanding loans. There may be liabilities on property taxes due as well as store and pharmacy debts which count as joint debts as they were incurred during the marriage. Both parties must agree to the inventory.
Then what follows is the valuation, which in some cases will be the purchase price, (possibly discounted due to age/use of the asset such as motor cars. In other instances, like jewelry, an independent valuation might be required.
Only then can the court make a just and fair division of the property. This will take into account the facts of the case, whether the spouses can support themselves, how long they were married, the children's circumstances and of course any fault determination that may have been awarded.
As can be imagined the whole field of property division is fraught with legal complications. Attorneys with skill and experience in dealing with property division after divorce should be appointed to give assurance of a just result in such matters.