Houston Property Settlement Lawyer
A board certified family law attorney helping Texas spouses reach a fair property settlement in divorce.
Dividing what you built together is one of the hardest parts of a divorce. You are trying to protect your home, your savings, and your sense of fairness, often while you are still processing the end of the marriage itself. As a Houston property settlement lawyer, I help divorcing spouses throughout Harris County and the surrounding area protect what matters to them and reach a division of the marital estate they can actually live with.
I am board certified in family law by the Texas Board of Legal Specialization, a credential held by roughly 800 of the more than 110,000 attorneys licensed in Texas. Most property settlements are resolved through negotiation rather than a contested trial, and that is usually the better path for everyone involved, but I am prepared to try a case when a fair settlement is not on the table.
Division of Property in a Texas Divorce: Community Property vs. Separate Property
Texas is a community property state. In general, property acquired and income earned during the marriage is community property and belongs to both spouses, while a court divides it in a way that is “just and right” under Texas Family Code § 7.001. That often means an even split, but not always. Debts incurred during the marriage are treated the same way.
Separate property is not divided in the divorce. Separate property includes anything one spouse owned before the marriage and kept separate, as well as property received during the marriage by gift or inheritance. If you inherit a house from a relative or are given stock and keep it separate, that may remain your separate property, and rent or other proceeds from separate property are generally separate too. The catch is the burden of proof: to keep an asset out of the division, you must prove it is separate by clear and convincing evidence, which is a high standard and a common point of dispute.
What Are “Just and Right” Reasons to Split Property Unequally?
Courts often divide community property evenly, but they can shift the balance toward one spouse based on a number of factors, including:
- Fault in the breakup of the marriage, such as cruelty or adultery
- A meaningful difference in the spouses’ earning capacity, education, or separate assets
- The size of the community estate
- Benefits one spouse loses because the marriage ended, such as a share of retirement
- The health and relative age of each spouse
- Unusual gifts to third parties, or wasting marital funds (for example, money spent on an affair or run up in reckless debt)
- Which parent has primary custody of the children
That is not a complete list, and these factors are exactly where a property settlement is won or lost in the details. I use them to argue for a larger share of the community estate where the facts support it, rather than accepting a reflexive 50/50 split that does not reflect your situation. Other issues can complicate the picture too. If one spouse owned a house before the marriage but community funds paid down the mortgage, the estate may be owed reimbursement for those payments.
If your divorce involves a business, a professional practice, substantial retirement accounts, or assets that are hard to trace or value, dividing complex marital property calls for a more detailed analysis and often expert valuation work.
Talk With a Houston Property Settlement Lawyer
If you are considering divorce or already in proceedings, you want to be sure your property rights are protected and that the final division is fair. You can schedule a consultation with the Law Office of Maria Lowry to talk through your situation. A consultation is a paid, one-on-one working session in which you will get a clear read on where you stand and what your options are. I serve clients throughout the Greater Houston area, including Harris, Montgomery, Liberty, Chambers, Galveston, Brazoria, and Fort Bend counties.
Frequently Asked Questions
What is a property settlement agreement in a Texas divorce?
A property settlement agreement is the written agreement that spells out how you and your spouse will divide your property and debts. When the two sides reach terms through negotiation or mediation, those terms are documented and, once approved, folded into the final divorce decree so they are enforceable. A well-drafted agreement is what keeps a settlement from unraveling later, which is why the specific language matters as much as the overall deal.
How is a property settlement different from property division?
They describe the same goal from two angles. “Property division” is the legal outcome, how the marital estate is split. A “property settlement” is reaching that outcome by agreement rather than having a judge impose it. Most divorces settle, but when the estate is large or complicated, dividing complex marital property takes more work.
Can I sell property before my divorce settlement is final?
Usually not on your own. In most Texas divorces, standing orders take effect that prevent either spouse from selling, hiding, or giving away community assets while the case is pending, so selling property before the settlement is final can violate a court order and damage your position. There are times when a sale makes sense, but it needs to be done with the other side’s agreement or the court’s approval. Talk to me before you sell anything significant.
Do we have to go to court to settle our property?
No. Most property settlements are reached through negotiation or mediation and never require a contested trial, and Texas courts often order mediation before trial anyway. A negotiated divorce property settlement is usually faster, less expensive, and less stressful than a contested trial. I work toward a negotiated settlement where that serves you, and I am prepared to litigate if the other side will not agree to fair terms.
