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TX divorce lawyerDuring a divorce, spouses are required to disclose detailed information about their income, assets, and debts. This ensures that both parties are able to make informed decisions during the property division process and that any settlement or court order incorporates accurate information about all known financial factors. While many divorcing spouses are careful to provide accurate and detailed financial records to each other, it is also not uncommon for one spouse to attempt to lie about assets or debts in an effort to retain the entire interest in an asset or to force a spouse to pay more than his or her fair share of a debt. This type of conduct is strictly prohibited under state law, so if you believe that your spouse is attempting to hide assets or liabilities, it is important to contact an experienced high asset divorce attorney who can ensure that your interests are protected.

Improper Disclosures

Disclosing all of one’s assets, interests, and liabilities is a complicated process, so there are actually a number of ways that a spouse can avoid telling the truth about his or her financial situation. In many cases, this involves failing to list certain assets on necessary disclosure forms or assigning improper values to property or debts. Alternatively, a party could fail to come clean about when and how he or she acquired an asset or could hide documentation that would reveal the truth about property values or ownership. In other cases, one spouse misrepresents how much the other contributes to the household, lies about how joint funds are used, or even unfairly accuses the other of stealing funds. In either case, this kind of behavior is unlawful in Texas, so spouses that are discovered violating disclosure rules could be held in contempt of court, or lose their interest in certain property.

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TX divorce lawyerAlthough prenuptial agreements are not something that business owners typically think about when they become romantically involved with another person, the reality is that making these types of considerations is extremely important for those who are considering marriage. Entering into this type of contract before a marriage takes place can give both parties peace of mind, while also ensuring that a company’s assets are protected in the event of divorce. For help drafting or enforcing your own prenuptial agreement, please contact an experienced high asset divorce attorney who can assist you.

Owning a Business Prior to Marriage

If a person owns a business going into a marriage, then those assets will most likely fall under the category of separate property in the event of divorce. However, any growth in value and earnings stemming from the business can and probably will be considered community property, which means that if a couple decides to divorce, the original business owner would need to split those earnings down the middle. Furthermore, if the spouse who didn’t originally own the business ended up substantially contributing to it during the marriage, then that business interest could be considered commingled with the couple’s community property and so converted into marital property for the purpose of division upon divorce.

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TX divorce lawyerCouples with significant or diverse assets are often forced to grapple with legal issues that don’t apply in most divorce cases. This can make the divorce process not only more complicated, but also more acrimonious, especially when it comes to valuing the family home, so if you are thinking about filing for divorce and have substantial real estate holdings, you should consider contacting an experienced Round Rock high asset divorce attorney who can ensure that your property is appraised by a qualified expert.

Comparable Sales

For a marital estate to be fairly divided, the value of a couple’s property must be accurately assessed. When it comes to real estate, this usually means that the parties will need to hire an appraiser who can estimate value based on current market conditions and recent sales of comparable properties in the area. When dealing with especially valuable properties, the appraisal process also often includes consideration of additional features of the property in question, which could make it more valuable than other similar properties. Unfortunately, valuing the unique features of a property can be a subjective process. For example, one appraiser may include the value of a swimming pool or a four car garage, but fail to take note of marble countertops or custom kitchen appliances during the appraisal process. For this reason, most couples going through a high asset divorce are encouraged to obtain multiple appraisals to ensure that an accurate number is reached.

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Texas divorce lawyerMany couples choose to avoid entering into prenuptial agreements because they think it represents a lack of faith in the couple’s future. This failure to create a premarital agreement can have serious consequences if the marriage later dissolves. Fortunately, even after a couple is married, the parties can still enter into an agreement, in which they decide how certain assets will be divided in the event of a divorce. This type of document is known as a postmarital agreement and is an important tool for couples who have diverse or significant assets. However, there are certain requirements that must be met for postmarital agreements to be considered valid, so if you are thinking about drafting your own postmarital agreement, it is critical to retain and consult with an experienced high asset divorce attorney.

The Benefits of Postmarital Agreements

Drafting a postmarital agreement gives the parties involved the opportunity to assess their separate and marital property, including unique assets like antiques and jewelry, as well as debt, expenses, and spending habits. These agreements, like premarital agreements, allow the parties to not only identify assets but also to convert those assets from marital property to separate property or vice versa. Couples are also permitted to address the following topics:

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Texas divorce lawyerAlthough most people associate divorce with child custody issues, alimony, or deciding who will keep the marital home, many couples who jointly own a family business must also divide the company itself. This requires an in-depth valuation of the business, as well as a determination of whether the company is actually jointly owned. Furthermore, once a couple’s business interests have been appraised and the parties have agreed to a settlement, the business’s actual division will need to take place, which can be difficult, especially for couples with an acrimonious relationship. For help determining the value of your own business and coming to a settlement agreement with your spouse, please contact one of our experienced high asset divorce attorneys today.

Initial Considerations

Before deciding on how to divide a business during divorce proceedings, the couple in question must consider a variety of factors, including:

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Texas complex litigation attorneyAlthough many families treat their pets like members of the family, the reality is that for the purposes of deciding who gets the pets in a divorce, animals are legally considered property in Texas. This means that if a couple is unable to come to an out-of-court agreement about who will get custody of the pet, the court will assess the situation based on community property law. This can have unfair results, so if you are going through a divorce and have questions about who will retain custody of your family pet, please contact a family law attorney who has experience in complex property litigation matters.

Community Property Rule

Because animals are considered property in Texas, courts will apply the standard community property rules when deciding pet custody issues. This means that the court will attempt to divide the property in a way that is equitable. When a family pet is the property at issue, the court may assess who has historically been the pet’s primary caretaker, evaluate each spouse’s living situation, and if a couple has children, determine whether they are especially attached to the animal.

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Texas high asset divorce attorney, Texas complex divorce lawyerOne of the most contentious issues faced by many couples going through a divorce is who will retain ownership of the family home. Texas is a community property state, which means that all assets acquired by a couple during their marriage must be divided equitably upon divorce. The family home falls under this category as well, which means that if a couple is unable to come to an agreement outside of court, a judge will need to devise an equitable arrangement. Property division is a complicated legal issue, which can be made even more complex by the emotionally charged nature of many divorces, so if you are considering a divorce and have concerns about property division, it is important to contact an experienced complex divorce attorney who can explain your options.

Community Property

All property acquired during a marriage will need to be divided during a divorce, including:

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Posted on in High Asset Divorce

Texas collaborative law, Texas high asset divorce attorneyAs the negative effects of acrimonious divorces on families become better understood, more and more couples are attempting to dissolve their marriages amicably through collaborative divorce. Collaborative divorces allow couples to work together in coming to an agreement about property division and custody arrangements. This process can save both parties a substantial amount of time and money, while also eliminating a significant amount of stress. If you are considering a divorce, it is important to retain the services of an experienced child custody and divorce attorney who can explain your legal options.

Legal Requirements

During collaborative divorces, each party hires his or her own attorney before signing a legally binding Participation Agreement. In Texas, a Participation Agreement must adhere to certain requirements, including that it:

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