Flower Mound Property Division Attorney
Representing Your Interests with 15+ Years of Legal Experience
One aspect of divorce that can often prove contentious is property division. At the Law Office of Phillip M. Herr, PLLC, we understand the laws that apply to marital property division. We've been working for clients in cases involving property division and divorce for years, and we understand how to preserve your interests and protect your future as you embark on a new phase of life. You need legal representation to ensure that your voice is heard and that the terms of your divorce are fair.
Phillip M. Herr has 16 years of legal experience serving clients in divorce and family law cases. Additionally, he served as an Associate Judge for Title IV-D Court #35, addressing issues of conservatorship, possession, and child support. You can trust Mr. Herr to uphold your rights and your interests every step of the way.
Contact the Law Office of Phillip M. Herr, PLLC at (469) 314-9216 today to get started on your case.
How Is Property Divided in a Texas Divorce?
When a couple gets a divorce in Texas, their property will be divided either by the couple's agreed-upon division or by the court. Texas is a community property state, which means it is presumed that all of the assets acquired over the course of the marriage belong to both spouses as community property. Separate property is the property a person acquires before marriage, by inheritance or by gift. Occasionally, separate property may be addressed by an existing prenuptial agreement.
Factors Affecting Equitable Property Division
Texas law requires property division to be "fair and equitable." Therefore, a court may divide the community estate in something other than a 50/50 split division. There are a number of circumstances that may affect what is deemed "fair and equitable" when it comes to community property division in a Texas divorce.
For example, these factors could include:
- Fault in the divorce, such as abuse, adultery, or abandonment
- Difference in earning ability between spouses
- Custody of the children
- Future employability of spouses
- Separate property of the spouses
Seek Assistance with Your Property Division Dispute
It is rarely easy to come to an agreement about how your marital property will be divided. With the help of Phillip M. Herr, Attorney at Law, you can reach a fair and favorable agreement, whether through negotiation or litigation.