Helping Texas Families Navigate Divorce Since 1986

Learn How Real Estate Division In A Divorce Works In Sugar Land, Texas

One of the biggest challenges with a divorce in a Sugar Land, Texas, is real estate division. Deciding whether one spouse should keep a real estate property over the other is not nearly as easy as many people would think.

At the Law Office of Richard Lybarger, my mission is to help individuals going through a divorce learn about their legal rights related to real estate properties. As a Sugar Land divorce lawyer, I consider my client’s best interests when discussing the potential advantages of property division.

Step-by-Step Process of Real Estate Division In A Texas Divorce

  1. Identify All Real Estate Assets List all real estate holdings and determine whether they are separate or community property.
  2. Valuation of Properties — Each property’s market value is assessed through appraisal or comparative market analysis, providing a basis for fair division.
  3. Consideration of Other Factors — Emotional value of the home, children’s needs, and each spouse’s financial situation are considered.
  4. Negotiations and Agreements — Couples can negotiate terms through mediation or their attorneys to reach an agreement on how properties should be divided.
  5. Court Decision — If an agreement can’t be reached, the court will decide on the division based on what is deemed as “just and right.”

What Is Community Property Vs. Equitable Division?

Texas is a community property state. This means that property that was acquired before a marriage is considered separate while assets owned during a marriage are part of the community property. During a divorce, community property is distributed roughly equally. However, reaching 50/50 division is not an exact science, so the division of community property is done in a “just and right” manner depending on certain aspects of the marriage.

How Is Property Valued In Sugar Land, Texas?

It is usually necessary to value a real estate property in a divorce to fairly divide the assets. Generally, this means having an appraiser or realtor assess the property and the use of comparative analysis to determine the property’s current fair market value. Once the value of a real estate property is identified, I can provide guidance on how the property should be divided.

What Legal Considerations Are Important In Divorce?

It depends on your situation. If you have no children and the marriage was short, you may simply want to expedite the process as quickly as possible. Older couples without children under the age of 18 may be primarily focused on dividing the marital estate. Other couples may need to focus on child custody, child support and spouse support.

What Services Can The Law Office of Richard Lybarger Provide?

To talk about your asset division options, you can call my Sugar Land divorce firm, the Law Office of Richard Lybarger, at 713-678-0658 or send an email to request a consultation. Begin your case today with an experienced divorce attorney!