Fabio & Merrill

property division Archives

Dividing up the 401k during divorce proceedings

Many of those entering into their divorce proceedings in Houston do not anticipate having to include their 401k accounts as part of the process. Yet contributions made to such an account during one’s marriage come from marital income; thus, while the total value of the 401k may not be subject to property division, those contributions are. This prompts many to question how one is to divide the funds from a 401k if the account holder is not yet at the age of retirement.

Is divorce financially harder on women than men?

If you are a married woman in Texas who is contemplating a divorce or who maybe is already in the throes of a divorce, it is important that you fully understand the potential financial risks you face for your future. Every decision you make during your divorce negotiations may have long-lasting financial ramifications for you. 

Make sure you include all marital property in a divorce

There are many factors to negotiate when filing for divorce in Texas. Property division, however, may be one of the most complicated. People grow attached to their property and possessions, and it can be difficult to separate those items in the divorce settlement. Texas is a community property state, meaning all marital property is divided equally in half between spouses. It is critical that people understand what marital property is so they can be certain to get everything they are entitled to in the divorce settlement. 

Debt, divorce and your future creditworthiness

Married residents in Texas who separate or divorce their spouses have many things to contend with in the process of extricating themselves from a previously shared life. The need to identify future ownership of marital assets is a topic that often gets a lot of attention at this time. However, it is important to remember that debts as well as assets must be split in a divorce.

Do you need a forensic accountant on your divorce team?

When you navigate your way through a Texas divorce, you will undoubtedly experience a wide range of emotions. Once you take your emotions out of the equation, however, you will need to figure out the fundamentals about how you plan to divide up shared assets and debts. Increasingly, divorcing parties who have considerable assets or particularly complicated finances are finding that hiring forensic accountants can help them navigate complicated financial aspects of their divorce cases.

What happens to home equity when you divorce?

When you split from your Texas husband or wife, you will undoubtedly need to untangle many parts of your lives from one another’s, and part of this process generally involves dividing any assets or debts you currently share. For many Texas residents navigating their way through divorces, their homes represent their most valuable assets, so figuring out how to divide up any equity you have in your home is one of the most critical elements of asset division.

High-asset divorce and investments

Whenever a marriage comes to an end, all sorts of family law issues may arise for both parties. Those with kids may encounter a number of stress-inducing legal issues, such as disagreement concerning the way in which custody should be divided, as well as child support. However, people who have a high net worth may have a particularly complex divorce, especially when it comes to the division of marital property. If you have considerable investments, you may be worried about what will happen to these assets in the wake of your divorce, and it is pivotal to prepare.

What property is exempt from division in a Texas divorce?

In Texas, a family court judge will consider all possessions acquired by a couple during the union as marital property. As in any other state, marital property in Texas is subject to division in a divorce. However, Texas is one of the few states that recognizes community property laws. Per community property laws, a judge must divide all marital property and income equally upon divorce or death, whereas in equitable distribution states, a judge will divvy up property in a way he or she considers fair. That said, is there property that is exempt from Texas's marital property laws? FindLaw says yes.

Emotional issues associated with property division

People frequently view property division with a great deal of consideration given to the financial impact of dividing marital property. However, some may overlook other aspects of property division which can be equally challenging, such as various emotional considerations that arise as a result of this issue. For example, some people may have a great deal of anxiety over addressing property division in court or losing key assets. Others may struggle with depression once marital property has been divided, whether they feel as if their former spouse should not have received certain assets or they are upset about losing items with sentimental value.

What if your spouse is caught hiding assets during your divorce?

Texas is a community property state, meaning the court divides a divorcing couple’s shared assets in a manner that it deems fair. In an effort to tip the coffer in his or her favor, your spouse may, unfortunately, take steps to hide assets from the divorce process. If caught, however, this could have a serious impact on the outcome of your case.

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