How your marital assets and debts are divided in a divorce will have a profound and lasting impact on your financial future. Texas community property law is complex, and the difference between a good property division settlement and a poor one can be hundreds of thousands of dollars. As your property division attorney in Houston, Hirani Law Firm is committed to ensuring you receive every dollar you are entitled to.
Community Property (Marital Property)
In Texas, all property acquired by either spouse during the marriage is presumed to be community property, owned equally by both. This includes income, real estate, vehicles, retirement accounts accrued during the marriage, and most other assets acquired after the wedding date.
Separate Property
Separate property is property that belongs solely to one spouse. This generally includes: property owned before the marriage; gifts and inheritances received during the marriage; and certain personal injury settlements. Separate property is not subject to division in a divorce.
Tracing Separate Property
The presumption is always that property is community property. To overcome this presumption and protect your separate property, you must 'trace' the asset — meaning you must provide clear evidence showing it originated from a separate source. This often requires detailed financial records and expert analysis.
Homes & Real Estate
The marital home is often a couple's largest asset. We help clients navigate the complex decision of whether to sell the home and divide the proceeds, or for one spouse to buy out the other's interest, including addressing the mortgage.
Business Interests & Professional Practices
Business interests are among the most complex and contentious assets to divide. We work with business valuation experts to determine the accurate value of any business and fight for your fair share, whether you are the owner or the non-owner spouse.
Retirement Accounts & Pensions (QDROs)
Dividing retirement accounts requires specialized legal orders. A Qualified Domestic Relations Order (QDRO) is a specific court order required to divide 401(k)s, pensions, and other qualified retirement plans. Failure to obtain a proper QDRO can result in tax penalties and the loss of the asset.
Stock Options, RSUs, and Investment Accounts
Stock options and Restricted Stock Units (RSUs) are valuable and complex assets. We analyze vesting schedules to determine what portion is community vs. separate property and negotiate for a fair division.
Hidden Assets
Some spouses attempt to hide assets before or during a divorce. We are experienced at identifying warning signs of hidden assets and using legal discovery tools — including subpoenas, depositions, and forensic accountants — to uncover them.
Debts
Property division includes the division of marital debts, not just assets. We ensure that the debt assigned to each party is fair and that our clients are protected from the other spouse's failure to pay.
Protecting Your Business
If you own a business, protecting it from being divided or overvalued in a divorce is a primary concern. We develop strategies to protect business interests while still achieving a fair overall settlement.
Uncovering Hidden Assets
We do not take financial disclosures at face value. Our firm knows how to investigate and uncover assets that have been concealed, undervalued, or transferred to third parties.
Working with Financial Experts
For complex divorces involving significant assets, we collaborate with Certified Divorce Financial Analysts (CDFAs), forensic accountants, and business valuation experts to build a complete and accurate financial picture.
Strategic Negotiation & Trial Readiness
We negotiate aggressively for a fair settlement and are fully prepared to present a detailed, expert-supported case to a judge if negotiations fail.