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Divorce Property Division

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Divorce can be an emotionally trying time in anyone’s life. One of the most difficult decisions that needs to be made during a divorce is how to divide your property between you and your spouse.

The good news is that you don’t have to do it alone. With the help of an experienced Bryan, Texas divorce attorney like our team at C.E. Borman & Associates, property division can be a straightforward and fair process that respects your needs at all costs.

Our Property Division Services

Texas is a “community property” state, which means that certain assets and debts that you acquire during your marriage belong equally to both you and your spouse. If you decide to end your marriage, you will have to come up with a plan for who gets what.

Other property and debts, however, are considered “separate property,” which means they belong to either you or your spouse alone. You will not be asked to give up any separate property in your divorce.

But the challenge comes in determining what counts as community property and what counts as separate property.

In general, all income and big purchases made during the marriage tend to be considered community property. In contrast, separate property mostly includes things that you owned before the marriage, things you acquired as a gift, and anything that you and your spouse agree belongs to you.

At C.E. Borman & Associates, we use all of our experience and dedication to protect your rights and help you get the settlement that’s best for you and your family. Here’s how we do it:
  • First, we help you file, serve your spouse, and lay out all of the contested property division issues.
  • Then we come up with a plan for how to resolve those issues. If you and your spouse can come to an agreement through negotiation or mediation, all the better! We will aid with negotiations of your settlement, finding a third-party mediator, and walking you through all of the paperwork.
  • If you and your spouse are unable to decide on a settlement through mediation, we prepare for litigation. When you need someone to go to bat for you in the courtroom, we don’t hesitate to step in.
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What Our Divorce Property Division Clients Say

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- Summer George

“Channa is a wonderful attorney. She is personable, gets straight to the point, and makes sure her clients get what they want. Couldn't have asked for someone better to represent me.”

- Noah Fry

“Channa was great to work with. While trying to navigate an emotional process, Channa gave me just the facts and was a straight shooter. It was just what I needed and I was thankful for her guidance.”

- Jessica Stinson

“Channa Borman represented me in my recent divorce and I cannot say enough good things about her and her team. She respected my feelings, let me borrow her backbone when I lost mine, sent reminders for all of the things I needed to do, and was fully prepared to go to court before we stepped into mediation. She didn't let me get pushed around or let the opposition distract from the point. It felt like having a friend have my back when I was truly up against the wall. I would absolutely hire C.E. Borman & Associates again if I ever need an attorney.”

- Holly Paskey

“C.E. Borman is one of the best lawyers that I've have ever had the privilege of working with. She cares about her clients. She takes the time and energy to get results. The staff is amazing and follows through with all the paperwork. I would definitely hire her again for any family matter that requires results."

- Kristen Yarbrough

“Channa Borman and her team provide services above and beyond what is expected. She is a fierce advocate who is attentive, decisive, and intentional in all that she does! Her team is communicative, timely, and on top of every detail. 10/10 highly recommend!”

Our Divorce Property Division Case Process

STEP ONE

Call 979-846-4090

STEP TWO

We’ll learn more about your situation and discuss your options for moving forward.

STEP THREE

Together, we’ll get to work resolving your issues – representing you through mediation and, if necessary, in court.

Frequently Asked Questions

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Texas follows community property laws, meaning assets and debts acquired during the marriage are typically divided between spouses, while separate property remains with its respective owner.
Community property includes income, real estate, vehicles, and retirement accounts acquired during the marriage. Separate property encompasses assets owned before marriage, gifts, inheritances, and property agreed upon as separate by both spouses.
When spouses cannot agree, a judge will review the facts to determine a fair distribution of assets. Judges typically consider various factors including each spouse’s age, health, earning capacity, education, custody arrangements, separate property ownership, and fault in the divorce, if any.
Just because certain assets are determined to be “community property” doesn’t mean they have to be divided 50/50. A judge will take the factors described above into consideration to make a fair determination of how the assets should be distributed.
Yes, property division can be settled outside of court through negotiation facilitated by attorneys, or third-party mediators, to reach an agreement that satisfies both spouses’ needs and preferences.
In Texas, debts acquired during the marriage are generally considered community debts and are divided in a “just and right” manner, similar to assets. This means one spouse may be assigned certain debts based on factors like income, responsibility for the debt, and overall financial circumstances.
If a spouse is suspected of hiding assets, your attorney can use legal tools such as discovery, subpoenas, and forensic accounting to uncover undisclosed property. Courts take asset concealment seriously and may award a larger share of the property to the other spouse as a result.
Yes, retirement accounts and pensions earned during the marriage are typically considered community property and may be divided during divorce. This is often done through a Qualified Domestic Relations Order (QDRO) to ensure proper distribution.
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Contact a Texas Property Division Lawyer Today

Call 979-846-4090
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