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Areas of Practice

Complex Property Division

Houston Lawyer Board Certified in Family Law

Division of property is an integral part of the divorce process. Reaching a final divorce settlement involves dividing marital assets as well as debt. Whether an agreement is reached in mediation or trial becomes necessary, it is important that you understand how Texas community property laws work and how it applies to your specific situation.

Once a Final Decree of Divorce is signed, you cannot modify the property provision. Therefore, it is critical that you obtain expert legal advice before deciding on how you wish to proceed. A Texas Board Certified family law attorney can explain the important issues that affect your property rights, including those involving separate property, reimbursement and spousal support that you should consider before finalizing your property division.

The Difference between Community Property & Separate Property

In divorces involving significant assets, the key to protecting your legal rights lies in understanding how Texas law treats marital property. Texas is a community property state, which means that all property acquired during the marriage, (regardless of how it is titled) is community in nature and is divided fairly and equitably between the spouses. Equitable distribution, however, does not necessarily mean an equal division.

Property acquired before the marriage, by gift or inheritance is considered separate property as long as it remains separate from community property. If separate property assets are co-mingled with marital assets, the party who makes a claim of separate property must trace those separate assets to their source.

Marital Assets

Assets acquired during your marriage may include:

  • Residence, vacation homes and other real estate
  • Vehicles, boats, jewelry, artwork and collections
  • IRAs, 401(k) plans
  • Pensions and other retirement plans
  • Closely held businesses
  • Insurance
  • Annuities
  • Stocks, stock options & mutual funds,
  • Oil and gas assets and mineral rights
  • Other investment

Legal Expertise to Address Property Division

At the Houston law firm of Schwab & Radcliffe, L.L.P., expertise as a Board Certified Family Law attorney and two decades of experience give Barry Radcliffe the exceptional ability to represent clients effectively in complex divorce and property division matters.

The extent of your property will determine the complexity of its division. When you seek our help, we calculate net income, prepare an inventory of marital and non-marital assets, analyze your income and expenses and devise an economic plan that makes sense for you including, when applicable, provisions for spousal maintenance and child support.

To arrive at a valuation of assets, we may engage appraisers for real estate and businesses holdings, art, coins, jewels and other collections. CPAs provide advice concerning financial statements, tax returns as well as tax consequences relative to the sales, exchange or distribution of property, while our forensic accountants can trace hidden assets.

You can rest assured, at Schwab & Radcliffe, we will assist you in making the right decisions based on the law and protect your property rights through skillful negotiation or aggressive representation in court, whichever avenue is needed to best achieve your goals.

Arrange a Confidential Consultation

If your divorce involves complex asset and property division, you will need an attorney with broad experience in all areas of family law. Division of property under the guidance of an attorney well versed in estate planning and financial instruments is crucial to protect your best interests and preserve the value of your estate. Schedule a private consultation with a Board Certified family law attorney to learn how an attorney/client relationship with Schwab & Radcliffe will benefit you. Contact Us online or call our Houston law firm at (281) 286-3300 to arrange an appointment.

What Our Clients Are Saying

"Barry handled my case in a very courteous, considerate and professional manner. His aggressive representation of my interest, as well as his willingness to listen to my concerns were both refreshing and ultimately rewarding. I would recommend Mr. Radcliffe to anyone seeking the services of a competent and experienced family law attorney." – L.B.

Why Choose Our Firm