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Division of Martial Property Attorneys in Austin

Before the Texas court can divide your marital estate, it must determine the value of the assets in your marital estate. This could be done by simply looking at the balance of the financial accounts, or it could involve more complex methods such as appraisals of your Austin real estate property or business valuations. The more complex the assets in your marital estate, the more important it is for you to hire an experienced family law attorney.

Division of the Marital Estate

Once the court has valued all the assets in your divorce, the court will divide those assets. While most people mistakenly believe that it will be a 50/50 division, the Texas Family Code actually states that the court must make a "€œjust and right"€ division of the marital estate.

Factors in determining a just and right division include:

  • Fault in the break up of the marriage
  • Benefits that innocent spouse would have derived from the continuation of the marriage
  • Disparity of earning power of the spouses and ability to support themselves
  • Education and future employability of the spouses
  • Community indebtedness and liabilities
  • Business opportunities
  • Size and nature of separate estates of the spouses
  • Need for future support
  • Fraud or breach of fiduciary duty
  • Wasting of community assets by the spouses
  • Claims for reimbursement
  • The parent to whom conservatorship of the child or children is granted

Division of Complex Assets

The divorce attorneys at our Austin Texas law firm are experienced in handling a wide variety of assets in complex property division including:

  • Residential real estate appraisals
  • Commercial real estate appraisals
  • Business valuations
  • Valuation of Retirement Accounts and Pensions
  • Stock Options
  • Restricted Stock Units
  • Tracing of Separate Property
  • Reimbursement Claims
  • Characterization of Property
  • Oil and Gas interests and royalties
  • Long Term Incentive Plans

When the division of the community estate can be the award of hundreds of thousands of dollars or even millions of dollars, you need qualified and experienced litigators knowledgeable in Texas law to handle your case. In high net worth divorce cases, the division of the community estate by even an award of one or two percentage points higher to a spouse can shift significant amounts of money from one spouse to the other.

At Stinson Moyle, PLLC, we frequently work with a variety of experts in Austin including CPA's, forensic accountants, actuaries, real estate appraisers and business valuators to protect your rights and obtain the most favorable outcome possible.

Whether you need a skilled negotiator or an experienced advocate, contact Susannah A. Stinson or Rachel Moyle today to handle your complex property issues.



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The Capitol Center, 919 Congress Avenue, Suite 550, Austin, TX 78701
| Phone: 512.320.9070

Practice Areas Overview | Divorce | Complex Property Division | Collaborative Divorce | Mediation | Child Custody | Child Support | Modification of Prior Orders | Enforcement of Orders | Alimony | Paternity | Prenuptial and Postnuptial Agreements | Grandparents' Rights | About Us

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