All property accumulated during the marriage with certain exceptions is community property belonging to both spouses.  However, that does not mean community property will be split equally.

 

At the law firm of Martin & Lilly, our lawyers will work to maximize your share of the community or marital estate.  We will also protect your separate property which includes assets you owned prior to your marriage, which should not be divided.

 

In Texas, Judges can award a disproportionate share of community property to one of the parties based upon anumber of factors, including:

 

Disparity of income or income potential bewteen the two parties:

One of the most important roles for your lawyer is to help get a fair division of the community property.  Sometimes this requires the lawyer to hire the right experts, appraisers and valuation experts.  Many people do not know all opf the property their spouse owns or control, so the lawyer hires forensic accountants to uncover secreted marital assets.  Retirement bebfits, such as your spouse's pension plan and 401(k) plan can be worth a million dollars or more, and you are entitled to 50 percent of the benefits that were earned during the marriage.   

 

All property owned by either spouse is presumed to be community and you or your spouse must prove it is separate.  Sometimes this involves tracing of assets and experts are required for this most important function.  Otherwise, even what normallyh be separate propert will be considered community property.

 

Discuss your property division case with an agressive Martin & Lilly attorney.