Marital Property Division

Texas Property Division Laws: Navigating Community Property in Divorce

Introduction to Texas Property Division Laws

In Texas, divorce doesn’t just involve emotional separation—it also requires the careful division of assets accumulated during the marriage. Texas is a community property state, meaning that assets and debts acquired during the marriage are generally divided equally between both spouses. However, property division can become complex, especially when dealing with high-net-worth individuals, businesses, and intricate financial holdings.

Hernandez Law Firm, led by Jordan Hernandez, has extensive experience handling property division cases throughout The Woodlands, Texas, ensuring a fair and efficient division process. With a deep understanding of Texas law and a commitment to clients, Jordan and the team help spouses navigate these challenging and often contentious issues with confidence.

Understanding Texas Property Division Laws

1. What is Community Property?

Texas law divides property into two categories: community property and separate property.

• Community Property: This includes assets and debts that were acquired during the marriage. It can encompass things like:

  • Real estate

  • Bank accounts

  • Retirement accounts

  • Businesses started during the marriage

  • Vehicles and personal property

  • Debts accrued during the marriage

• Separate Property: This refers to assets that were owned before the marriage or acquired by one spouse as a gift or inheritance. Separate property can be proven through documentation, but it’s essential to clearly trace the source of the asset.

Texas Family Code Section 7.001 emphasizes that community property is subject to a just and right division, but not necessarily an equal one, depending on the circumstances.

2. Factors Affecting Property Division

While the law suggests an equal split, judges will consider several factors when determining the division of property:

• The health and earning capacity of each spouse

• The size of each party’s separate property

• The needs of the children or any spousal maintenance obligations

• Any fault in the marriage, such as adultery or abandonment

• The length of the marriage and the age of the parties

At Hernandez Law Firm, we leverage our deep understanding of these factors to negotiate and fight for a fair division that protects your financial future.

3. Handling Complex Assets and Businesses

Dividing complex assets—such as businesses, real estate investments, or high-net-worth accounts—requires in-depth knowledge and often the involvement of financial experts.

• Business Valuation: In Texas, if a business was founded during the marriage, it is generally considered community property. It can be complex to determine its value, and an experienced lawyer will often work with business evaluators to ensure that the value of the company is correctly assessed.

• Retirement Accounts & Pensions: Retirement accounts like 401(k)s, pensions, and other benefits can be a significant portion of a marital estate. Understanding how to divide these accounts correctly is critical, especially when considering tax implications.

Why Choose Hernandez Law Firm for Property Division?

Jordan Hernandez brings years of experience representing clients in The Woodlands and throughout Texas, with a focus on property division. His extensive knowledge of Texas Family Law allows him to effectively guide clients through the complexities of asset division. From simple estate splits to complex asset evaluations, Jordan offers a personalized and proactive approach to every case.

As an attorney dedicated to family law, Jordan Hernandez has handled a wide range of property division cases, including:

• High-net-worth individuals with large estates

• Family businesses and ownership disputes

• Retirement benefits and investment portfolios

• Complex property holdings, including commercial real estate

His client-first approach ensures that your goals and needs come first. He works tirelessly to ensure that you receive a fair and just property division that takes into account both your immediate needs and long-term financial security.

Our Approach to Property Division Cases

When working with Hernandez Law Firm, clients can expect:

• Personalized legal representation: Every case is different, and Jordan Hernandez takes the time to understand your unique circumstances.

• Strategic negotiation: We aim for fair settlements that avoid costly and stressful litigation, but we are always ready to fight for your rights in court if necessary.

• Expert guidance: From property valuation to tax considerations, we ensure that you are equipped with the knowledge to make informed decisions.

What to Expect During Your Consultation

If you are facing a divorce and need expert advice on property division in Texas, your first consultation with Hernandez Law Firm will help you:

• Understand how Texas community property laws apply to your situation.

• Get a detailed assessment of your assets and potential claims.

• Explore possible outcomes based on your specific circumstances.

• Begin planning a strategy for an effective and fair property division.

Contact Hernandez Law Firm Today

Property division can be one of the most complex and emotionally charged parts of a divorce. With Jordan Hernandez and his team of legal professionals by your side, you will have the experience, dedication, and strategic approach needed to secure your financial future.

Schedule a consultation today to discuss your divorce and property division needs with Jordan Hernandez and Natalie Donato.

• Phone: +1-936-256-3115

• Email: jordan@hernandezlawfirmtx.com

• Office Location: 2219 Sawdust Rd Ste 1402 Spring, Texas 77380