At the Ramos Law Group, PLLC, our Sugar Land property division lawyers take pride in providing exceptional, fully personalized legal representation to our clients. We have deep experience handling complex property division cases. If you and your spouse are getting divorced in Fort Bend County, our legal team is here to protect your legal rights and financial interests. To arrange a fully private case evaluation with an experienced property division attorney, please do not hesitate to contact our Sugar Land law office.
Texas Is A Community Property State
Texas is one of nine community property states. In most jurisdictions in the United States, marital property is divided in an “equitable” manner, not necessarily a 50-50 manner. However, in Texas, marital property is, by definition, jointly owned by each partner. As such, it is generally divided evenly a divorce—at least that is a presumption.
There are some exceptions in contested divorce cases where this presumption may be rebutted.. Under Texas law, courts are instructed to split marital property in a manner that is “just and right.” A non-even split, which is sometimes referred to as a disproportionate division of assets, may be warranted. Some examples of circumstances in which a Texas court may order an uneven division of community property includes finding of fault against one party, uneven parental responsibilities, or unique financial circumstances.
What Is Separate Property?
When you get divorced in Texas, not all property is necessarily subject to distribution. Separate property is property that is wholly owned by one partner—allowing it to avoid division in a divorce. In the vast majority of cases, married couples own at least some separate property.
The most common example of separate property is a property that was obtained before the start of the marriage. With some exceptions, pre-marital assets will generally remain separate property in Texas. Other examples of separate property include gifts and inheritance.
The Texas family courts presume that all property is community property; the burden of proving that an asset is a separate property falls on the party making that claim. This can be done through traditional means of evidence or by using a financial expert who specializes in tracing separate property claims.
If you and your spouse are getting divorced and you have questions about a separate property, an experienced Sugar Land, TX asset division lawyer can help.
Division Of Debt: Marital Debt vs. Separate Debt
In a divorce, the division of debt is an important issue and it should not be overlooked. The rules and procedures for debt division work much like those for property division. Separate debt is an individual liability. As an example, if one spouse entered marriage with unpaid student loans, their partner does not become liable for that debt should they get divorced.
In contrast, marital debt is considered to be a “community liability”—meaning both partners may bear responsibility. That being said, you are not automatically liable for your spouse’s debt in Texas, even if that debt was incurred while you were married.
Texas courts are permitted to review how and why the debt was taken out. In accordance with the state’s “just and right” standard, a Texas court can assign marital debt entirely to one spouse in a divorce. As an example, if a person racked up a bunch of gambling debt unbeknownst to their partner, that debt may be solely awarded to the innocent spouse.
We Help Clients Find Effective & Efficient Solutions
Beyond issues involving young children, most divorcing couples find that property division is the biggest hurdle to reaching an amicable settlement. In many cases, a collaborative effort is the most effective way to divide marital property. A common issue in a Texas divorce is that not all assets can be neatly or easily divided. Marital estates can be a complex web of assets and debts so it is important to prioritize the property/assets that really matter to you. Our Sugar Land, TX asset division lawyers have the skills and experience to help clients find low-conflict solutions that protect their property rights and financial interests.
Of course, we know that settlement is not possible or advisable in every situation. Our trial-tested Sugar Land divorce lawyers are always prepared to take aggressive action to protect our clients’ best interests at court. Whether you believe that your spouse is unlawfully hiding assets or they are simply trying to deny you a fair share of the marital property, our legal team is standing, ready to help you find a viable solution.
Schedule A Consultation With A Sugar Land Property Division Attorney Today
At the Ramos Law Group, PLLC, our Texas property division lawyers have the skills, knowledge, and experience needed to protect your rights and interests. If you have questions about property division or debt division, you need a top attorney on your side. For a fully confidential, no-obligation consultation, please contact our law firm today. We represent clients in Sugar Land and throughout the surrounding communities in Fort Bend County.
Our Client Testimonials
The decision to end my 25-year marriage was not an easy one, but hiring the Ramos Law Group was. From the initial consultation to the execution of the Divorce Decree everyone at the firm displayed the utmost professionalism and I was treated as if I was their only client. My attorney Lindsey, always provided precise legal guidance, was usually one step ahead of the opposing counsel, and had a superb understanding of how things would play out in the court room. Additionally, whenever my case needed a little extra horsepower, Mary provided that "surge" to keep things on track.
"Ms. Ramos and her entire staff worked with professionalism and compassion to guide me through the most difficult time of my life and to an outcome that was best for my family and myself. Ramos Law is incredible and I highly, highly recommend their services."
"I was recommended to see Mary Ramos for my on coming custody case,it was the best thing I could've done honestly.The Ramos law group was quick with emailed responses and telephone calls,informative with ANY questions I had and they also took action with what they thought would work,which it did,I had money troubles and they were still willing to help they sent me with a younger lawyer Lindsey Lewis to help save some money and she was the best!She knew what she was doing and Mary was still on my case to make sure things went smoothly and to catch any details Lindsey and I might have missed.All in all I am a very satisfied client and if I ever needed a family lawyer again I would come back.My case was won as I received primary for my daughter which is exactly what I asked for.If you're willing to listen to what they have to say and follow their guidance they're definitely worth hiring.I thought I wanted sole custody for my daughter and they explained that wasn't in the best interest for her and honestly they were right,they speak to you on a professional level and also a real level of how things are actually going to work and what could happen if you take a certain action.They definitely care about their clients and make their own bond with you,you're not just money in their pockets you turn into family. "
"I received excellent advice and representation from Ms. Lindsey Lewis. She kept me updated at every step of the process, and I never felt as if my case was set aside. I would hire The Ramos Law Group in the future. "
"I started my divorce with a lawyer who was not very responsive. My divorce case was complicated and needed more laborious scrutiny. Since the case was not moving forward I had to switch lawyers. Made the switch to Ramos Law group. Since the very first day Mary and her team have been very efficient and meticulous. Since the case was complicated the team had to go through myriads of pages in discovery. I was pleased with the legal team that helped us handle the paperwork in a very timely manner. All my questions were answered very promptly. The relay of information was easy with their software system. We finally had a law firm that we could trust. My divorce was finalized and I only have Mary and her team to thank for going through a difficult divorce. I would highly recommend the Ramos law group for their help and support for getting my life back on track. "