Top Divorce Lawyers in Houston

Houston Property Division Lawyer

Top Property Division Lawyers

Ramos Law Group has a team of expert lawyers well versed in all aspects of divorce, including property division. Learn more about the process of property division during Texas divorce here from our experienced attorneys.

See examples of our winning track record, or contact us to schedule a consultation.

What Happens to Our Property?

Texas is a community property state. All property acquired during the marriage is community property and is equally owned by both spouses regardless of whose name is on the property or who pays which bills. During a divorce, all community property must be fairly and equitably divided. Often, a fair and equitable division means a 50/50 split. A couple may have a contested divorce in order to come out with a greater share of community property.

There are several factors that could cause one spouse to be awarded more than half of all community property. Property owned before marriage is separate and not part of the marital estate. Separate property is not divided in a divorce.

If you think you may have a complex property issue, discuss your concerns with a Houston property division lawyer at Ramos Law Group for more information on local regulations and all other details.

What is Separate Property?

Separate property is property that is wholly owned by only one spouse. Frequently, separate property is property that was either owned by the spouse before marriage, acquired by gift or inheritance, or part of certain types of legal settlements.

Working with Experienced Property Division Lawyers

The team at Ramos Law Group has years of experience working through many different types of divorce and property division proceedings. Contact our property division attorneys today at (713) 597-8915.

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Alimony – Spousal Maintenance and Support

Get The Spousal Support And Maintenance You Deserve

In a divorce, one party may request a monthly alimony payment, also known as spousal maintenance or spousal support. Alimony is usually made by one spouse to another after the finalization of a divorce.

There are two types of maintenance: chapter 8 alimony and contractual support. Chapter 8 alimony references the section of the Texas Family Code establishing eligibility and is usually court ordered. Contractual spousal support is based on the agreement of the spouses.

What are the qualifications for receiving alimony?

In order to qualify for court ordered support, the spouse in need of alimony must meet the statutory requirements, including:

• That they are a spouse.
• That they lack the ability to provide for their own reasonable needs.
• They meet ONE of the four statutory requirements below:

  The spouses have been married for at least 10 years and the spouse seeking alimony does not have the ability to support themselves.

  The other spouse was convicted of family violence within the two years prior to a suit being filed.

  The spouse is unable to provide for themselves due to an incapacitating mental or physical disability.

  The spouse is unable to provide for themselves because they is providing care for a disabled child of the marriage.

Seeking Expert Advice

If you need alimony advice, or you’re preparing for a divorce, reach out to the Ramos Law Group today for help from lawyers with years of experience in family law. Contact us at our Houston office at 713-561-5198.

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Find Help With Motions Protective Orders in Texas

Texas Protective Orders

Allegations of family violence are all too common in divorces and custody disputes. If violence or the threat of violence is present in your family, the Texas Family Code authorizes three different types of protective orders. All types of protection orders have serious consequences on family law cases.

What is a Texas protective order?

A protective order is a court order protecting a victim of family violence from future violence or threatening contact. A motion for a protective order is filed by a victim or their attorney. These orders are enforceable by civil and criminal contempt, which means that a party can be jailed if he or she violates the order.

Temporary Ex-Parte Order

A temporary ex-parte order is granted without a hearing when there is clear and present danger of family violence, and goes into effect for 20 days. This order is designed to protect a victim until a hearing can be held regarding a final motion from the judge.

Magistrate’s Emergency Order

A magistrate’s emergency order goes into effect when a person is arrested for family violence or related crimes. This type of protective order is in effect for 31 to 61 days. It is also designed to protect victims until a more permanent order can be put into place.

Final Protective Order

A final order is granted after a hearing in which the evidence shows that family violence has occurred in the past and is likely to occur in the future. This order stays in effect for two years.

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Divorce for Business Owners

A Texas divorce can be complicated on its own, but owning a business, whether it is a small, home-based business or a multi-million-dollar company, adds another level of complexity to any division of property. The Ramos Law Group, PLLC is well-versed in handling cases for business owners and other high-net-worth cases to maximize the amount of community property awarded to our clients.

Many of the clients who come to us for help with a divorce are business owners or executives in companies of all sizes, including in industries such as real estate, commercial construction, and oil. At the Ramos Law Group, PLLC, we listen to your needs, address your concerns relating to owning a business, identify points of contention and develop an exit strategy for your marriage while focusing on the goal of maximizing your division of assets.

Here are important details to consider in a Texas divorce with business equity on the line.

2. How Will the Business be Divided?

The relevant factors for dividing business equity in Texas divorce include the value of the business, the other community assets to be divided, who owns/runs the business, and the community debts to be divided.

Most business owners prefer to compensate the other spouse for their share of the community assets rather than selling or dividing the business. This can be done by compensating the other spouse with a larger share of other marital assets: more equity in the home, more cash, post-divorce support payments (alimony) instead of large cash value. If this is the strategy for a business owner, it is vital to provide the legal team representing the business owner a full inventory of all assets and debts, so the legal team can best strategize a compensation plan.

Another option to resolve divorce with business equity involved would be to sell the business outright and split the proceeds between the parties. This often is the least desirable method, as parties who have spent considerable time and effort building up their business are often loathe to sell it. This method is often utilized when the parties absolutely cannot agree on a division, and there are not enough assets to adequately compensate a party for their community interest.

There is another often-underutilized option – dividing the company in an equal manner. If both divorcing spouses are business owners or play an integral role in the company and want to remain in their roles post-divorce, the parties could award the business in a 50/50 manner and both continue as joint owners. If the parties do not get along well enough to remain married to one another this option can be a potential minefield, but is an option to consider.

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