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Complex Property Division

How is Property Divided After a Divorce in Texas?

Before the Texas court can divide your marital estate, it must determine the value of the assets in your marital estate. This could be done by simply looking at the balance of the financial accounts, or it could involve more complex methods such as appraisals of your real estate property or business valuations. The more complex the assets in your marital estate, the more important it is for you to hire an experienced Austin attorney.

For a review of your assets and divorce by a family law specialist, call (512) 948-3688. Our attorneys are Board Certified in Family Law by the Texas Board of Legal Specialization.

Division of the Marital Estate

Once the court has valued all the assets in your divorce, the court will divide those assets. This will involve the “just and right” division of your assets in accordance with Texas Family Code.

Factors in determining a “just and right” division include:

  • Fault in the breakup of the marriage
  • Benefits that innocent spouse would have derived from the continuation of the marriage
  • Disparity of earning power of the spouses and ability to support themselves
  • Education and future employability of the spouses
  • Community indebtedness and liabilities
  • Business opportunities
  • Size and nature of separate estates of the spouses
  • Need for future support
  • Fraud or breach of fiduciary duty
  • Wasting of community assets by the spouses
  • Claims for reimbursement
  • The parent to whom conservatorship of the child or children is granted

Division of Complex Assets

We are experienced in handling a wide variety of assets in complex property division including:

  • Residential real estate appraisals
  • Commercial real estate appraisals
  • Business valuations
  • Valuation of retirement accounts and pensions
  • Stock options
  • Restricted stock units
  • Tracing of separate property
  • Reimbursement claims
  • Characterization of property
  • Oil and gas interests and royalties
  • Long-term incentive plans

At Stinson Moyle, PLLC, we handle high net worth divorces in Austin, Texas.

Whether you need a skilled negotiator or an experienced legal advocate, contact our team at (512) 948-3688 today to handle your family law case.