Division · Ending a marriage No. 01

Complex asset division

Homes in two states, a family company, brokerage accounts, trusts and a ranch nobody wants to sell. We sort out what is community, what is separate, and what each piece is really worth.

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(What this involves)

How we approach it

In a Texas divorce, the court divides the community estate in a way it considers just and right. That is not automatically a 50/50 split, and before anything is divided, every asset has to be found, characterized and valued. In a large estate, those three steps are where most of the money is decided.

We build a full inventory early, trace separate property with documents rather than memory, and bring in appraisers and valuation experts only where the numbers justify what they cost.

This may apply if

You own property in more than one state or country
Some assets came from before the marriage, a gift or an inheritance
Separate and community money have been mixed in the same accounts
There are trusts, family limited partnerships or private investments
You and your spouse disagree about what the house or the ranch is worth

Questions we answer early

01 Which assets are community and which are separate?
02 Can a separate asset still be partly community?
03 Should one of us keep the house, or should it be sold?
04 How are taxes on a sale or transfer shared?
05 What happens to debts and personal guarantees?

Illustration · a marital estate, mapped

Presumed community

The family home bought during the marriage
Savings from salaries and bonuses
A company started during the marriage
Equity grants earned during the marriage (in part)

Needs tracing

A joint account where an inheritance met salary
A premarital company that grew during the marriage
A home bought with premarital funds and a joint mortgage

Claimed separate

A brokerage account owned before the wedding
An inheritance kept in its own account
A gift made to one spouse alone

Proportions are for illustration only. Whether any asset is community or separate depends on dates, documents and the law of the state that applies.

How the work runs § 2

Four steps, in order.

01

Inventory

Every account, property, entity and debt, listed with statements, titles and dates.
02

Characterize

Community or separate, with tracing for anything claimed as separate.
03

Value

Appraisals and expert valuations where they matter, agreed values where they do not.
04

Divide

Proposals that account for taxes, cash needs and what each of you actually wants to keep.

Texas, in general terms

Texas is a community property state. Property acquired during the marriage is presumed to belong to the community. A spouse who says something is separate (owned before the marriage, received as a gift, or inherited) has to prove it by clear and convincing evidence.

Rules differ by state

Most states use equitable distribution instead: a court divides marital property in a way it considers fair, which can mean unequal. If either of you owns property elsewhere or lived in another state during the marriage, other rules can come into play.

General information, not legal advice. Your facts, and the law that applies to them, are what the consultation is for.

Example costs § 3

What it can cost, in examples.

Ranges from recent matters, not quotes. Outside experts bill separately. After the consultation you receive a written estimate for your case.

All fees and retainers

Inventory and tracing work Usually covered by the main retainer

Residential appraisal $750 to $3,500 per property

Tracing by a forensic accountant $10,000 to $40,000+

Often asked

Is a Texas divorce always a 50/50 split?

No. Texas courts divide the community estate in a way they consider just and right. Many divisions land near equal, but a court can weigh things like each spouse's earning power, health and, in some cases, fault in the breakup. Separate property is not divided at all.

What if we mixed inherited money with joint money?

Then tracing becomes the question. If the inherited funds can be followed through account statements, they may stay separate. If the records are gone or the money is fully mixed, it may be treated as community. We look at the records before we guess.

Talk to us about asset division

Names first for the conflict check, then a 90-minute strategy consultation with the attorney who leads this work. No details through the form, please.

Or call the office

(214) 555-0163

We never leave a detailed voicemail unless you tell us it is safe.