Marital Property
Division

At Brian Andrade Family Law, we understand that navigating marital property division can be a complex and emotional process. Our experienced family law attorneys are dedicated to guiding you through the process and ensuring a fair and just outcome.

What is Community Property?

In Texas, any property acquired during a marriage is presumed to be community property, belonging to both spouses equally. This includes:

Property acquired during the marriage
Income earned during the marriage
Debts incurred during the marriage

What is Separate Property?

Separate property, on the other hand, includes:

Property owned before the marriage
Gifts received during the marriage
Inheritances or property received through descent
Funds used to compensate for personal injuries

Proving Separate Property

To prove that a property is separate, the party making the claim must provide evidence, such as:

Deeds, account records, legal recordings, or contracts to establish the timeline of ownership
Legal documents showing inheritances or other funds or property received through descent
Evidence of gifts, including notes, letters, and testimony of the person who transferred the gift and the recipient

How is Separate Property Addressed in Court?

The court cannot award one spouse's separate property to the other spouse. However, the burden of proof lies with the individual claiming separate property to prove it as such. The Texas Family Code requires judges to consider all property as community property unless proven otherwise through clear and convincing evidence.

How is Community Property Divided?

Community property is divided in a "just and right" manner, typically 50/50. However, the court may divide it unequally in certain circumstances, such as:

Disproportionate division due to fault in the divorce (e.g., adultery or cruelty)
Disproportionate division due to significant income disparities between spouses

Why Choose Brian Andrade
Family Law?

At Brian Andrade Family Law, we are committed to providing our clients with the highest quality legal representation and support, tailored to their unique needs and circumstances. When you choose our firm, you can expect:

Experienced
Attorneys

Our attorneys have years of experience handling a wide range of family law matters, divorce. We have the knowledge, skills, and resources necessary to guide you through the process efficiently and effectively.

Personalized
Attention

We understand that every divorce is unique, and we take the time to listen
to your needs, concerns, and goals.
We will work closely with you to develop a customized legal strategy that meets your specific needs and protects your interests.

Compassionate
Support

Divorce can be a challenging and emotional experience, even when both parties are in agreement. Our team is here to provide you with the compassionate support and guidance you need during this difficult time, ensuring that you feel heard, understood, and supported throughout the process.

Accessible and Responsive Service

We are committed to providing our clients with accessible and responsive legal services. We will keep you informed and involved throughout your case, promptly responding to your questions and concerns and ensuring that you have the information and support you need to make informed decisions.

Reasonable Fees

We understand that cost is a concern for many individuals facing divorce. We strive to provide high-quality legal services at reasonable rates, and we will work with you to develop a fee arrangement that meets your needs and budget.

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Consultation FREE!

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522 Bishop Avenue Richardson, TX 75081

(972) 372-4926

info@dfw-lawyer.com

Marital Property Division