Property Division

At The Webb Family Law Firm, PLLC, we understand that property division can be extremely contentious, especially when complex assets are involved. We work to identify the client’s goals and pursue a property settlement that protects their financial interests.

Community Property Division

Property possessed by either spouse at the time of divorce is presumed to be community property unless a spouse proves otherwise by clear and convincing evidence. The community estate is divided in a manner the court considers just and right, which is not necessarily an equal division.

Separate Property and Tracing

Separate property generally includes property owned before marriage and property acquired during marriage by gift, inheritance, or qualifying personal-injury recovery. A valid premarital or marital agreement may also affect characterization. If separate and community funds have been mixed, tracing may be necessary to prove the asset’s origin and preserve the separate-property claim.

Assets and Debts in the Marital Estate

Assets may include:

• Vehicles, furnishings, jewelry, art, and other personal property
• Homes, land, and other real estate
• Bank, investment, retirement, and insurance accounts
• Businesses and professional practices
• Stock options, deferred compensation, trusts, and other complex interests

Property division also addresses debts such as mortgages, auto loans, taxes, credit cards, and judgments. A divorce decree can allocate responsibility between spouses, but it generally does not change a creditor’s contractual rights. Refinancing, indemnity terms, liens, deeds, and other post-divorce documents may be needed to protect the intended result.

Identification, Valuation, and Resolution

When appropriate, we work with accountants, appraisers, valuation professionals, tax advisers, and investigators to identify and value assets. We also have experience with marital fraud and hidden assets. A negotiated division may provide flexibility that a court cannot, but the agreement should address taxes, liquidity, transfer mechanics, and enforcement—not only headline values.