Are All Texas Property Division Attorneys the Same? No.
Divorce doesn't mean you have to lose everything. The myth that judges are unfair in divorce settlements is exactly that: a myth. Texas is a community property state. Family law judges work hard to ensure that marital assets are inventoried and valued appropriately for equitable distribution between the spouses. Some property acquired during the marriage, however, is eligible for exemptions from the community property, including inheritance assets and increased business assets resulting from a business owned by one of the parties prior to the marriage.
If you are concerned about an unfair property distribution in your pending divorce, make sure you have an attorney with knowledge and experience to fight to help you protect assets from unjustified distribution. The Texas family law attorneys at Kerr, Hendershot & Cannon are recognized for our commitment to protecting our clients' financial interests in divorce courts throughout South Texas.
We have the professional capacity to manage the most complex financial property issues, including:
- Business valuation and asset protection
- Pensions and retirement accounts
- Tax shelters and overseas investments
- Protection from tax and debt liabilities
Classification of Separate and Community Property
Determining which marital property should be included as community property or excluded as separate property is often one of the most difficult issues in a divorce with high net assets. We work with professional experts to mediate and negotiate asset settlements based on issues such as:
- Was there a prenuptial agreement in place? A well-written prenuptial or post-nuptial agreement will help you protect assets that you want considered separate property in the event of divorce. Many marital agreements, however, extend beyond the limits of the law and litigation is necessary to determine which assets must be considered community property.
- How much effort did one spouse contribute to the increase in assets? Typically, the increased value in a family business over the course of a marriage is considered community property. Some of the increased value may be retained as separate property in cases where it can be shown that one spouse did not contribute equally to the increase.
- Was the inheritance intended for the individual spouse or the family? In cases of long-term marriages, a family inheritance passed down by an estate holder may be intended for the entire family, rather than the adult son or daughter in the marriage. There have been divorce cases when a beneficiary of an estate divorced prior to receiving an inheritance, in order to prevent the spouse from sharing in the proceeds.
Talk to a Houston Asset Protection Attorney You Can Rely On
If you are considering divorce and need experienced legal representation to help protect your assets from an unfair property settlement, Kerr, Hendershot & Cannon is ready to help. From our offices in Houston and Corpus Christi, we represent clients in family law courts throughout South Texas. Contact our offices to arrange a consultation with a knowledgeable Texas divorce asset protection lawyer today.
