Property Division Archives

How to divide a 401(k)

Texas couples who are getting a divorce may wonder whether they need to divide one person's 401(k) and how to go about doing that. It is not possible to transfer a 401(k) to another person, but the assets in a 401(k) can be transferred in certain circumstances. It is important that this is done correctly so that neither person has to pay taxes.

Keeping a trust protected in case of divorce

When Texas residents come from a wealthy family, they may be wondering how they can protect their assets when they get married. If the proper steps are not taken, theycould potentially be required to divide up some of the assets if a marriage does not last.

What to do with a home during a divorce

Texas couples who are ending their marriage and who own a home together will need to decide what to do with their residence as part of the overall settlement. Because divorce is a process that can become highly emotional, it is important for couples to seek information about their options so they can make the best rational financial decisions.

Determining pet custody in a Texas divorce

According to the American Pet Products Association survey taken in 2015, there are 80 million American households with pets. However, courts have done little to clarify their status in a divorce. One couple agreed to share custody of their 9-year-old German shorthaired pointer after both of their lawyers couldn't help them during divorce settlement talks.

Handling a mortgage in a divorce

When Texas couples in Texas divorce, there are several financial and personal matters that need to be addressed. For example, couples who have children will have to make decisions about child custody, visitation and child support payments. Another area of consideration is the division of assets and debts. Couples who own a home will have to negotiate several issues, including whether one party will choose to remain in the home, whether the home will be sold and what will happen to the existing mortgage.

Trust accounts and property division in divorces

Some Texans attempt to shelter their assets from potential divorces by setting up irrevocable trusts. While it is possible to do so, there are some mistakes that people can make that can make the trust reachable by their spouse in a divorce case.

Protecting finances in a divorce

Texas couples who are facing the end of their marriages often understand the importance of protecting their finances. Divorce can be financially difficult for people, as they are required to divide marital assets, no longer have a shared household and can no longer rely on their spouse's income. While it is possible to recover financially afterwards, doing so is a lot easier when one has received an appropriate settlement.

Dividing debt after a divorce

If child custody issues are not involved when a couple in Texas goes through a divorce, then property division may be the most difficult part of the process. While property belonging to one spouse before the marriage along with gifts and inheritances are typically considered separate, everything else must be divided between both parties. In addition to assets and belongings, a couple's debt must be divided too.

How art is divided in a divorce

When artists go through a divorce in Texas, they might be surprised to learn that they will have to divide their creations. Under state law, paintings, sculptures or other art pieces that were created by one spouse during the marriage are the community property of both spouses. During the property division stage, both parties will have equal rights to these assets.