Search Site

Protecting Your Property or Business During a Texas Divorce

During a divorce, the court divides the marital property. The judge is allowed to divide assets in any way he or she decides is “just and right.” Because Texas is a community property state, most property acquired during the marriage is considered marital property and is divided as a judge sees fit. With the help of your divorce attorney, it is often possible to prove that certain assets are “separate property” which cannot be taken from you and will not be awarded to your spouse in a divorce.

Most assets are community property, including homes, cars and furniture, as well as money, investments and benefits. Even business interests are generally considered to be community property.

In order for assets to be considered separate property, you must be able to show a court by clear and convincing evidence that the assets are not communal. There are a few reasons that property will be treated as separate, including:

  • The property was owned by you before the marriage.
  • The property was inherited only by you.
  • You received the property as a gift intended only for you.
  • You won a judgement or reached a settlement for a personal injury and you received funds (funds awarded for lost earning capacity during the marriage are community property).

Even though most property isn’t protected from division in a Texas divorce, you may still be able to protect a specific asset. The parties are allowed to negotiate and create a plan to split community property. This means that you can often choose to keep an asset such as a home, a business or a vehicle, in exchange for giving up other property. If you are unable to convince your former spouse to enter into an agreement, a judge will conduct the division of property. At this point, your divorce attorney will vigorously pursue your interests in court.

Prenuptial (premarital) agreements are an effective tool for protecting your property. These documents can spell out the exact distribution of assets in case of divorce, therefore protecting either spouse in case they generate substantial income during the marriage. This tool requires planning ahead and agreement of the parties.

If you are trying to protect your property in a divorce, you are going to need help. Robert Reid McInvale, Attorney at Law is an established Lubbock-area family law firm. Our practice consists entirely of family law cases. To arrange a consultation, contact us online or call us at 833-884-3087.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact us for help with your divorce, child custody, or other family law issue
Robert Reid McInvale Attorney Photo
Robert Reid McInvale
Attorney at Law

Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Lubbock. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

What our clients are saying

  • yelp

    Highly recommend him! Excellent legal representation. Highly skilled, held in high regard in the legal network, professional, intelligent and gets the results you need.

    Read more

    Marianne K.

  • google

    I rarely take time to post online reviews but our experience with Reid McInvale has been so good that I want to do whatever I can to help other people find this attorney. it was overwhelming when we started looking for a divorce and child custody att...

    Read more

    Cheryl Wiker

  • google

    Don't waste your time and money searching and interviewing other lawyers. Mr. McInvale did my custody case in 2010 and I have always returned to him when I had an issue or a question. He is a very truth speaking and up front attorney. He is NOT like ...

    Read more

    Mandi Friestad

  • google

    Mr.McInvale gets the job done. Most definitely willrecommend him and consider in the future as necessary to family & friends! If you need a Divorce call him.

    Read more

    Julia Coleman

See all reviews
Contact us

Quick Contact Form