Houston Property Division Lawyer

A board certified family law attorney handling complex marital estates in Texas divorce.

When a marriage involves a business, professional practice, significant investments, or assets that are hard to trace or value, dividing property becomes one of the hardest parts of a Texas divorce. Complex property division is high-stakes and genuinely technical. As a Houston property division lawyer, I represent clients in even the most complex marital estates, in negotiation and, when necessary, in litigation.

I am board certified in family law by the Texas Board of Legal Specialization, a credential held by roughly 800 of the more than 110,000 attorneys licensed in Texas. Complex property cases are where that depth matters most, because the difference between a fair result and a costly one usually lives in the details of characterization and valuation.

Division of marital property in Texas divorce cases

The key steps in the division of marital property in a Texas divorce are to identify and characterize all property as separate property or community property, to assess its value properly, and to argue for a just and right division of the community property. According to the Texas Family Code, separate property includes property owned or claimed by a spouse before marriage; property acquired by a spouse during marriage through gift or inheritance; and any recovery for personal injury sustained during marriage, except for recovery for loss of earning capacity during marriage. All other property acquired by either spouse during marriage is considered community property subject to division. Property possessed by either spouse at the time of divorce is presumed to be community property, and it is up to a spouse claiming separate property to prove that property is separate by “clear and convincing evidence,” a relatively high standard of proof in civil divorce cases.

How Property Is Divided in a Texas Divorce

Texas is a community property state. In general, property and debt acquired by either spouse during the marriage is community property owned equally by both, and a court divides it in a way that is “just and right” under Texas Family Code § 7.001, which often but not always means an even split.

The key steps in property division are to identify and characterize every asset as separate or community, value it accurately, and then argue for a just and right division. Separate property includes what a spouse owned before marriage, what they received during marriage by gift or inheritance, and certain personal injury recoveries. Everything else acquired during the marriage is presumed community property, and a spouse claiming an asset is separate has to prove it by clear and convincing evidence, a high bar that is a frequent point of dispute.

What Makes a Marital Estate Complex

Plenty of factors can turn property division into the most demanding part of a divorce. Complex community assets often include:

• A business, including the valuation of goodwill and other intangibles
• Employee stock options or profit-sharing plans
• The marital portion of a pension or investment account accrued during the marriage
• The real income of a business owner or self-employed spouse
• Income that should be imputed to an unemployed or underemployed spouse
• Matching assets of like value to reach a just and right division
• Transmuted property

Transmutation is when separate property becomes community property, or the reverse. One spouse might gift separate property to the other as separate property, or to the marriage as community property, or gift their share of community property to the other spouse as separate property. Proceeds from separate property, like rent or investment income, stay separate only if they are kept in a separate account and not used for marital purposes. A spouse who wants to keep separate property separate has to avoid commingling it or otherwise treating it as joint. These cases frequently call for forensic accounting and expert valuation, and that is the kind of work I prepare and present.

Talk With a Houston Property Division Lawyer

For help with the division of complex marital property in your Texas divorce, you can schedule a consultation with the Law Office of Maria Lowry. As a property division lawyer in Houston, TX, I handle divorce and property division across Harris County and the surrounding area, and a consultation is a paid, one-on-one working session in which you will get a clear read on where you stand and what your options are. Whatever the size or complexity of your estate, I will work to locate and characterize your property, see that it is valued accurately, and present a strong case for a fair division.

Frequently Asked Questions

What makes property division “complex” in a Texas divorce?

A property division becomes complex when the marital estate includes assets that are hard to value or characterize: a business, professional practice, stock options, pensions, multiple properties, or assets that may have been commingled or transmuted. These cases often need business valuation and forensic accounting, which is very different from splitting a couple of bank accounts.

How is a business divided in a Texas divorce?

First the business has to be characterized as separate, community, or a mix, then valued, which can involve goodwill and other intangible assets, and then accounted for in the overall division. Often one spouse keeps the business while the other receives offsetting assets of like value. Getting the valuation right is critical, because it drives the fairness of the entire settlement.

What is transmutation of property?

Transmutation is when property changes character, from separate to community or community to separate, usually through how the spouses treat it. For example, depositing separate funds into a joint account and using them for household expenses can convert them to community property. Proving or disproving transmutation is often central to a complex property case.

Do we have to go to trial to divide a complex estate?

Not necessarily. Many complex estates are resolved through negotiation once the assets are properly valued, and Texas courts often require mediation before trial. When the marriage is straightforward and the dispute is really about reaching agreed terms, that work is closer to a property settlement. I work toward a negotiated resolution where it serves you and am prepared to litigate when it does not.