Property Division Attorney in Houston

Looking for a skillful attorney to protect your property during a separation?

If you’re facing problems with your property division during a divorce it is crucial that you find a well-experienced attorney. We at Daniels Law Firm can help you tackle all your property division crises while protecting your rights and safety to ensure you get no less than what is rightfully yours. 


Our attorneys have expertise in the following areas:


  • Division of retirement funds
  • Real estate division (ie family homes)
  • Division of investments & business assets
  • Assets acquired during the marriage

Let us handle your property division case for you

Acquiring essential information and retaining your resources can be very tricky for certain types of divorce cases which is why it is in our best interest to guard your financial assets for you. Our professional attorneys are not only skilled and well-informed, but they are also board-certified family law specialists who have ample qualifications and practical knowledge to help you with all your concerns.


Our comprehensive understanding of divorce cases has led us to achieve better results for the division of all things including retirement accounts,  businesses, investments, savings, property, and even debt at the time of a divorce or separation. Our attorneys pay attention to the details and precision of the law, which enables us to thoroughly search for the best-suited approach that would be beneficial for you in the long run.

The law and order for property division

The law in your state plays a significant role in your property division. The community property states tend to divide all the assets of divorced individuals according to a set of fair and just legal systems, along with the businesses, investments, and estates the debts division is a very important aspect of the division. This implies that all medical debt, credit card debts, as well as business debts, will also be divided amongst the individuals, the percentage of which will depend on other credentials including earnings and more.


The court decides the final verdict for the division of each asset with the initial criteria that every asset is owned by the pair equally. All property that is separately bought will be considered community property and thus share the same distribution laws.

What things can be left out of the division as community property?

All such property that is owned by an individual before their marriage and is kept as personal property for the duration of their marriage is concerned separately and will be permissible to be left out of the division of property. This may also include any property that the individual inherited or attained through a divorce prior to their marriage. Any gifts are also considered personal property and separate.


Whereas, contrary to separate property the community property is either considered joint or equally owned property. This type of property does undergo division as determined by the court. This includes all property shared or used by the spouses in the duration of their marriage such as their real property or vehicles and even intangible assets such as savings and investments.

How to differentiate between separate and community property?

There is a fine print of law that also allows certain exceptions for spouses who need to divide their resources. Only a well-informed attorney can help you differentiate between your belongings. Contact us today and our top-notch attorneys will help you with any difficulty, confusion, or complexity of your property division case.

Why may the property not be divided equally?

This is the most common and frequently asked question by any couple who undergoes property division faces. There are a number of factors that affect the percentage division of the property such as age, educational background, health, earnings, work, and business history, and even the cause of the failure of the marriage. 


There is no fixed set of rules which is accurate and precise enough to determine how much of the property each spouse will receive; however, there are numerous variables that can affect how much each will receive. Similarly, regardless of who has earned all the money and added the amount to their savings, the contribution of both individuals will be weighed according to their behavior during the marriage and their commitment.

How is the debt divided amongst the spouses and what are the criteria?

The court makes the most thoroughly assessed judgments and rulings that they believe are fair taking all the vital information of that couple into account. Debt is therefore also divided among the two with respect to their earnings and their eligibility to pay off that debt. The central idea behind the rulings is that regardless of whose name the debt was granted in and the purpose of the debt it was a collective and collaborative way to support the family it will be deemed as joint debt. Therefore credit card loans, payday loans, and personal loans are all part of community debt which is divided. 


However, debt is not solely considered community property. A person can have their own personal and separate debt which was essentially never used for the family and can be left out of the division of assets. The court may even leave out some forms of business debt as part of separate debt based entirely on the details of each and every case precisely.

Conflict arising through the debt division

These complex cases require a strong set of attorneys that can find ways to help you attain the maximum benefits. Divorce attorneys can make compelling cases that can counteract your division of property cases such as the debt division. This requires a very skillful attorney such as our brilliant attorneys at Daniels Law Firm to assist you and get the best terms of agreement out of your situation.

How to form the best agreement for the property division

In the case that both spouses have strong rationality and decision-making capability of their own, they can form an agreement for the property division as well as the division of debt which must be included in their divorce documents. This agreement will however remain subject to the court’s final verdict. 


If the agreement is mutually agreed upon by both individuals then there may not be any conflict whereas if there is an unequal distribution that the court finds unorthodox, it must be justified by proper reasoning. This is to ensure that there is no peer pressure faced by any individual for a larger sum of property. The court will then decide whether the agreement is fair and just to both parties. 


Even if you and your spouse do not accept division details, you can go through a mediation process to form an agreement. Your divorce lawyer can help you negotiate terms with your ex-spouse and it is most favored by both parties rather than a judge’s ruling.

Contact us today!

Consult us today and let our attorneys guide you through your property division cases! We have some of the best attorneys for all types of family law to help you with any concerns and queries that you may face.