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Property Division Attorney in Sugar Land

Helping You Fight to Protect What You Have Worked For

Texas is a community property state, which in general means divorcing partners divide their assets and property equally. But there are exceptions to this rule, and they could go for or against. Our Sugar Land property division lawyer at The Vendt Law Firm, P.L.L.C., is dedicated to helping divorcing clients achieve the most favorable distribution.

It all starts with the term “Just and Right.” The property divorce case judge starts out with the presumption of a fifty-fifty distribution of all the assets and property the couple acquired or earned while married—the community estate. But if it can be shown that there is a reasonable basis that it would be just and right to distribute the property differently, the court has the discretion to do so. Thus the importance of experienced representation.

These are some of the many factors the judge may consider that could affect the distribution of the marital estate:

  • Differences in earning capacity of the divorcing partners
  • Differences in the age or health of the divorcing partners
  • Future expected inheritances
  • Reason for the marriage failure—who is at fault
  • Benefits the innocent partner would have received should the marriage have continued
  • The value and nature of the community estate
  • Who will have custody of the children

Community Property vs. Separate Property

There is another aspect of Texas property division law the court must take into account—what property each partner held before the marriage. This is called separate property, and it should not be divided along with the community property. It is often very difficult to establish what should be considered separate property or community property, but it is crucial to do so. Because of this, our property division lawyer is committed to working hard for our clients to be sure that nothing they brought into the marriage will be split.

These are some examples of what should be considered by the court as separate property:

  • Real estate or other assets owned prior to the marriage
  • Inheritances received during the marriage
  • Gifts received during the marriage
  • Personal injury case awards received during the marriage

The Texas courts are obliged to see that divorce property division is just and right. But they can only do so based on the evidence brought before them. That is why having our experienced Sugar Land property division attorney on your side can be so advantageous. At The Vendt Law Firm, P.L.L.C., our goal is to win for you the fairest possible settlement and protect what is rightfully yours.

If you are located in Sugar Land, Fort Bend County or any of the surrounding areas, contact us at (832) 263-6770 today!