Menu

CONTACT

PAYMENT

REVIEW US

Call for Case Evaluation
Case Evaluation
Make a Payment
Do I Need An Attorney For Property Division in Divorce

Do I Need An Attorney For Property Division in Divorce

  • Property Division

TexasLawHelp.org outlines some basic property division guidelines as listed below:

What property and debt is divided in a divorce?

Community property and debt is divided in a divorce. Separate property and debt is not divided.

At the end of your divorce case, a judge will divide your property and debt by signing a Final Decree of Divorce. The Final Decree of Divorce will:

  • list the community property each spouse will keep or in some circumstances order community property (such as a house) sold and say how the proceeds should be split,
  • list the separate property (if any) of each spouse,
  • list the debts each spouse is ordered to pay, and

order that the community property retirement benefits of each spouse are either:

  • awarded (given) 100% to the spouse who earned the benefits or
  • divided between the spouses.

 

What is community property and debt?

Community property includes all property you and your spouse have at the time of divorce except property that a spouse can prove (or the spouses agree) is the separate property of one spouse.

Your community property may include real estate (a house or land), a business, cars, money, retirement accounts, furniture and other things earned or purchased by either spouse during your marriage. It doesn’t matter which spouse’s earnings were used to purchase the property or which spouse’s name is on the title.

Community debt is debt you or your spouse got during the marriage.

The law says that community property and debt should be divided when you get divorced in way that is “just and right.” This does not necessarily mean 50/50.

What is separate property and debt?

Separate property includes:

  • property owned or claimed by one spouse before the marriage,
  • property received as a gift or inheritance to one spouse during the marriage,
  • money received by one spouse for personal injuries that occurred during the marriage (not including money received for lost wages or medical expenses), and
  • stock dividends and capital gains on the separate property investments of one spouse.

Unless both spouses agree, a spouse must prove that something is separate property by “clear and convincing evidence.” If a spouse cannot prove something is separate property, it is considered to be community property.

Separate debt is debt one spouse got before the marriage.

The law says that separate property cannot be divided. Once something is proved to be separate property the judge must confirm it as the separate property of that spouse.

Who Can Help Me With Property Division?

While you do not have to have an attorney to handle your property division, it is recommended. Many couples believe if they are on agreeable terms that sorting through the division of their property and debt alone is the way to go. The issue with this is that often times one party will walk away in a better position. This may be because they had more insight into the shared finances, or this may be an innocent oversight.

Working with an experienced divorce attorney can help you to protect yourself from being left with an unfair outcome. Attorney Dawn Renken has worked with couples from many different financial backgrounds to come together and properly divide their property.

Do Judges Ever Divide Property Unevenly?

Yes, your judge may grant one party more assets or more debts after taking all factors of your divorce into consideration. Working with an attorney again can help you to protect yourself from getting the short end of the stick in final settlement decisions.

Some factors your judge will consider include:

  • Who was at fault in breaking up the marriage
  • The earning capacities and education of the parties
  • The parties’ ages and health, any special needs of the children; and
  • The separate property owned by either spouse

The two primary reasons that divorce judges will award one spouse more than 50% of the community property is a big difference in the ability to earn money in the future and fault in the break up of the marriage.

Affordable Divorce Attorney in Houston

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative.

All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
https://therenkenlawfirm.com
Google Business Listing
https://therenkenlawfirm.com/practice-areas/divorce/property-division/

Recent Articles

Share:

About Our Firm

Your family law case may be the most important legal issue you ever face in your life. It can also be the most emotionally and financially challenging life event you experience.

Explore Our Site

Renken Law Firm, PLLC

Connect With Us

Facebook Instagram Linkedin Pinterest-square Twitter-square Youtube-square

Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen.

© 2025 The Renken Law Firm. All rights reserved.   

Parents are also obligated to provide health and dental insurance for their children in Texas.The court can order either parent to enroll a child on an existing health insurance policy but customarily orders the child support obligor to do so or to reimburse the cost of the health and dental care premium to the primary custodian of the child.While the terms alimony and spousal maintenance are often used interchangeably, they are very different things under Texas law.They both achieve the same goal during a divorce, however.They both allow one spouse to receive financial support from the other.Renken Law Firm understands the distinction between alimony and spousal maintenance.Our understanding of the difference between these two means of financial support allows us to pursue an outcome that best meets your needs.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes.Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s fees.What is Divorce Mediation?Divorce mediation is a private process in which a neutral third person (a mediator) helps divorcing couples reach a mutually satisfactory settlement of the issues in their case, including child support, custody and visitation, alimony, and property division.A mediator does not act as a judge, arbitrator, or counselor, but assists the spouses in reaching a voluntary agreement.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes. Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s feesDivorce mediation is an affordable and private divorce option, mediation also has a proven history for helping families resolve disputes without the need for a trial. Taking your case to trial typically will increase the amount of time, money, and stress involved in your divorce.While no divorce method is completely stress free, divorce mediation allows both parties to have their needs represented. The divorcing couple will be given the chance to work together to reach an amicable resolution in their case, instead of allowing a judge to have the final say.Dawn Renken, became a licensed mediator through ADR Services International Inc. in 2014. Since this time, Attorney Renken has been working as a Cypress divorce mediation expert with couples to help them work together to reach divorce agreements that are mutually beneficial for their long term needs.The role of the mediator is to simply ensure all important matters are discussed and dealt with, as well as ensure neither party is using bully tactics in order to get the other party to agree to the terms they desire for their divorce. Your divorce agreement is only finalized when both parties agree to the terms of the divorce and sign off on it. If you are unable to work together to reach an amicable divorce agreement, mediation will not be a viable method for divorce. If you and your spouse are actively looking to work through your divorce together, Renken Law Firm can help by offering affordable divorce mediation in Houston, TX.In addition to traditional divorce methods, we excel in providing the best divorce mediation services in Houston, TX. Divorce mediation offers a more cost-effective and private approach, allowing the divorcing parties to determine the final terms of their divorce. To explore this option further, we encourage you to contact our office and learn more about our mediation services.Renken Law Firm understands that many individuals hesitate to initiate the divorce process due to uncertainty and concerns about excessive legal fees. We assure you that our Houston, TX team is dedicated to your success and has a proven track record of achieving client satisfaction.We recognize the emotional toll that divorce takes on families, and we strive to make the process as smooth as possible. Whether your case involves mediated or contested divorce, our attorneys will provide unwavering support every step of the way until your divorce is finalized. Take the first steps toward filing for divorce in the state of Texas by scheduling a consultation with our legal team at Renken Law Firm today.Is Texas an At-Fault State?In the state of Texas, divorce proceedings do not require spouses to provide a specific reason or cause for seeking the divorce, making it a “no-fault” state. However, it is important to note that if one spouse is at fault for the breakdown of the marriage, it may be considered by the court when dividing property. This means that the at-fault party may be responsible for providing more to the other spouse. Although fault grounds are not mandatory, it is advisable for spouses to include them in their divorce petition.At Renken Law Firm, our mission is to advocate for families and help them make the best decisions for their unique circumstances. Our top priority is protecting the best interests of any children involved in the divorce. Our dedicated legal team is committed to achieving the best possible outcomes for you and your family. Whether you are contemplating filing for divorce or currently going through the process, contact Renken Law Firm for assistance. We will guide you through this challenging time and ensure that you consider all significant factors that may impact your finances or family dynamics. Reach out to us today to learn more about our comprehensive family law services and how we can support you.The Renken Law Firm has worked hard to earn a reputation for efficiently practicing diligent and focused legal services. During the course of our representation, you can expect expert legal advice in the areas of divorce, separation planning, custody disputes, child support cases, grandparents rights, prenuptial agreements, attorney general cases and enforcement actions.Receive prompt service and protect your rights by contacting us to schedule an appointment. In times of personal crisis we understand that you want answers. As your legal counsel, this firm will provide you with answers and options. Additionally, we will guide you through what you can expect during the process and help you to understand your options and rights as mandated by Texas Law. Our knowledge and experience has provided us with a strong base of strategies and methods to assist you to reach a successful resolution. Once retained, we invite you to demand and expect your case to be handled in an organized, timely, effective and cost-efficient manner. Step 1: Consult Contact Renken Law Firm to schedule your no obligation one hour consultation to evaluate your case. Step 2: Prepare You’ve never been through this. We understand that. We are here for you. Step 3: Negotiate Whether informal negotiation or mediation, you can trust Renken Law Firm’s decades of experience. Step 4: Litigate When negotiation fails, Renken Law Firm is prepared to fight for you at trial with experienced litigators. Your family law case may be the most important legal issue you ever face in your life. It can also be the most emotionally and financially challenging life event you experience. Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen. © 2023 The Renken Law Firm. All rights reserved. Our comprehensive family law services include the resolution of divorces through litigation, divorce mediation or collaborative law, depending on the specific details of your case. We can take on all matters related to Divorce Practice or dissolution of a common law marriage, including: We are committed to aggressively and efficiently advocating for your rights . We customize our representation to the needs of your case. Throughout the process, we will keep you involved. We will provide honest information about the progress of your case and strive to achieve the best possible outcome. Enforcing Texas Orders Renken Law Firm, PLLC represent clients seeking to enforce the terms of a divorce decree or custody order. You may need to seek to enforce an order when the other parent has failed to pay their court ordered child support or if you have been denied visitation with your child. We have extensive experience with both seeking relief for these types of issues and also defending against these types of cases. Having an experienced lawyer who has handled both sides of the issue provides you a unique attorney who can reasonably anticipate what the other side may attempt to do. If the non-custodial parent refuses to pay court ordered child support or you have been denied visitation, contact us. If you have been accused of nonpayment or denying the opposing party visitation, a possible contempt outcome is jail time. Do not go to court alone, contact Renken Law Firm, PLLC. Enforcement for Delinquent Child Support Child support arrearages not only can lead to wage garnishment, property liens and loss of tax refunds, they can also result in loss of your license to drive, fish, hunt, sell real estate, teach or practice medicine. Whether your problem involves modification or enforcement of family law rights, our lawyers can advise and represent you. Enforcement / Contempt of Court Actions When a parent refuses to honor visitation orders, fails to pay child support or fails to comply with other court orders, the parent is in contempt of court. In most circumstances, it is important that a child is supported by and has meaningful relationships with both parents. That is why it is so important to follow custody, visitation and support arrangements. Failure to do so can jeopardize the child’s well being. If a parent willfully and recklessly avoided complying with orders when it was feasible to do so, the parent may be charged criminally with contempt and could face potential jail time, fines and other consequences. Our attorneys help clients pursue court orders of enforcement. We also defend against actions where enforcement or contempt cases are brought against you unjustly or for spite. Child Support Enforcement Actions If you are facing a child support enforcement action initiated by the Attorney General, Renken Law Firm, PLLC can answer the complaint and try to transfer your case to family court, where your options for a realistic payment plan will be somewhat broader. If you are the parent trying to enforce the terms of a divorce or paternity child support order, we can help ensure that your right to payment is brought current as quickly as possible.