Country singer Jerry Reed once famously complained that “She Got the Goldmine, I Got the Shaft.” Reed’s complaint eventually earned him a twelve-week stint at the top of the charts, but that sentiment has been felt by men across the United States.
It is an unfortunate fact that a divorce proceeding can feel like getting the shaft to a man who feels like he is losing everything. In addition to the break-up of a relationship and the loss of a marriage, men can lose valued items like homes, cars, and beloved toys like bass boats and Harleys. In a community property state like Texas, it can sometimes feel as if everything you once owned is no longer yours. In these cases, a Tyler divorce attorney can offer valuable assistance.
Community property and its equitable division is one of the largest headaches in any divorce proceeding. For many couples, a home purchased together is the single largest divisible asset in a marital estate. Even if a home was not purchased together, if community assets were used to maintain, repair, or improve the home, it can be subject to community property considerations under Texas law. An experienced Texas community property attorney can provide valuable insights into how these laws can affect your divorce case.
When deciding who will get the home, factors such as children must be considered, as many courts are in favor of keeping children in place to maintain a sense of normalcy. A spouse’s ability to pay the mortgage also plays a role, but it is important to remember that even if you are not the recipient of the house, the court may order you to pay the obligations associated with the property. In some cases, spouses will agree to sell the home and divide the proceeds equally.
The complexity of dividing a family home is enough to make most men sweat. Now imagine this process with all of your assets. This is why taking a true accounting of all of you and your spouse’s joint assets and debts is of vital importance at the outset of divorce proceedings. The Flowers Law Firm can give you a free consultation and serve as your Tyler Texas divorce attorney by guiding you through this difficult process.
Accurate and detailed records should be taken and secured through the entirety of the divorce process in order to ensure that the valuation of your marital estate is true and correct. This process extends to intangible assets like 401(K) and pension plans, savings accounts, investments, and other capital gains.
While this sounds worrisome, Texas law provides for exceptions and allowances for separate property. Separate property consists of any property owned or claimed by a spouse before the marriage; property acquired by a spouse during the marriage by gift, devise or descent; and the recovery for personal injuries sustained by a spouse during the marriage.
Ultimately, no one wants to get the shaft and fighting to hold on to what is yours is a strenuous process, but you do not have to do it alone. Getting a free consultation and hiring the right attorney can allow you to protect yourself and your assets to the fullest extent possible, while still ensuring that your family and children are taken care of. When you contact the Tyler divorce lawyer at The Flowers Law Firm, you can count on getting the best advice on protecting your valuable assets.
Call a Tyler Divorce Attorney Today
If you have questions about community property law, you should contact a Tyler divorce attorney. The Texas community property attorney at The Flowers Law Firm, P.C. stands ready to help. You can receive a free consultation from our divorce lawyer by calling us at (903) 965-2000, or email us at info@flowers-law.com.