Fabio & Merrill

property division Archives

The right approach to go about asset separation during divorce

While a couple may feel relieved to finally be starting the process of divorcing in Texas, they now have to work through the often-complicated process of deciding who will get what. Often, couples have accumulated a lot of stuff over time. While most of it can be easily parted with, there are other belongings that may have sentimental value to both parties. When people understand the right way to go about dividing shared assets, their outcome may be a bit more productive and beneficial. 

Ways you can expedite the process of settling your divorce

If you are at the beginning of divorcing your spouse, you may be faced with all kinds of emotions due to the uncertainty of your future and the outcome of your decision. While you may have heard all of the horror stories about divorce settlements taking decades to solve, yours does not have to be that way. At Fabio + Merrill, Attorneys at Law, we are experienced in helping people in Texas through the oftentimes challenging process of divorce. 

Does a shorter marriage mean less marital property?

You and your spouse entered into your marriage with the best of intentions, but less than five years later, you are now facing the fact that it just will not work out. Texas is one of the few community property states, which will affect how property division is handled during your divorce. The short-term nature of your marriage may limit how many of your assets will be divided, though.

Will you encounter issues with property division during divorce?

If you and your spouse are seeking a divorce in Texas, you may have begun to recognize that the process is often more complicated than it initially sounds. Reaching beneficial agreements with your former spouse requires time, effort and patience. Depending on the length of your marriage and the conditions surrounding your divorce, one of the things you will need to work out is the division of property the two of you may share. This aspect of divorce can be complicated, but you may be able to avoid costly problems with a basic knowledge of some of the issues you will need to work out.  

How can you determine your equal share of personal property?

You and your spouse may have already come to an agreement about how you want to divide the family home in your Texas divorce. What about the items in the home, though. If you have antiques, artwork and collections of value, these may change the way the judge determines an equal division of your marital property.

Determining property during divorce without losing everything

For many divorcing Texas couples, the decision to end their marriage and go their separate ways was not one made without first considering other alternatives. Unfortunately, even though divorce is a helpful solution for many, it is costly in terms of a couple's health, financial independency and even reputation. However, with careful attention paid to doing things the right way, many couples have been able to overcome the difficulties of their circumstances and regain their independency and happiness. 

Should you consider a post-nuptial agreement?

The sobering truth about marriage in Texas is that many of them end in divorce. If you are married and you did not have a prenuptial agreement, you may want to consider a postnuptial agreement. Even if your marriage is currently wonderful, this type of legal document can help to prevent issues in the future.

What does the Texas Family Code say about prenups?

If you decided to look through the Texas Family Code to learn about prenuptial agreements, you would not find them. Instead, Texas statutes refer to them as premarital and marital property agreements. To be valid, this type of agreement must be a written document signed by both you and your future spouse.

The risks of a gray divorce

Many people in Texas are waiting until their kids are grown before divorcing their spouses. After many years of marriage, countless challenges and the sacrifices they have made for each other, they are no longer willing to remain in their relationships. Anyone who plans to rush to file for separation should consider the disadvantages that are prevalent in gray divorces. 

Talking to your spouse about property division

When couples decide to divorce, disagreements concerning a myriad of challenges may arise. From custody and visitation to child support and spousal support, ending a marriage can lead to confusion, uncertainty and even hostility. At Fabio & Merrill, we know that many couples face hurdles over the distribution of marital property in Houston. If you are anticipating divorce, it may be helpful to sit down with your spouse and go over the division of property.

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