Property Division

When it comes to divorce, property division is often one of the most complex and emotionally charged aspects of the process. At the Law Office of Bryan Fagan, we understand the challenges you face, and our experienced team is here to guide you through every step of the property division process.
Community Property State


Texas is a community property state, which means that most property acquired during the marriage is considered community property and is subject to division in a divorce. This includes not only physical assets like homes and cars but also financial assets like bank accounts, retirement accounts, and investments.


Equitable Distribution


While Texas follows community property principles, it’s important to note that property division doesn’t necessarily mean an equal 50/50 split. Instead, the court aims for a fair and equitable distribution of property based on various factors, including the length of the marriage, each spouse’s earning capacity, and their respective financial contributions to the marriage.

Our Approach


At the Law Office of Bryan Fagan, we take a comprehensive approach to property division. Our goal is to ensure that you receive a fair share of the marital assets while protecting your rights and interests. Here’s how we can assist you:


1. Asset Identification: Our experienced attorneys will work closely with you to identify all marital assets, including those that might not be immediately apparent. This includes real estate, businesses, investments, pensions, and more.

2. Valuation: Accurate valuation of assets is crucial for fair division. We can help you assess the value of your assets, including real estate appraisals, business evaluations, and financial analyses.

3. Complex Property Division: In cases involving complex or high-value assets, such as family businesses or multiple properties, we have the expertise to navigate the intricacies of these situations effectively.

4. Protecting Your Interests: We will advocate for your interests, whether that means fighting for a particular asset or ensuring that you’re not burdened with an unfair portion of marital debt.

5. Negotiation and Litigation: We are skilled negotiators and will strive to reach a fair settlement through mediation or negotiation. However, if litigation becomes necessary, we are prepared to vigorously represent you in court.


Real-Life Scenario: Protecting Your Financial Future


Consider this scenario: Sarah and John are going through a divorce after 15 years of marriage. They own a family business, several investment properties, and have significant savings in retirement accounts. Sarah has been a stay-at-home parent for most of their marriage, while John has managed the family business.


In this case, our attorneys at the Law Office of Bryan Fagan would start by identifying all marital assets, including the business’s value and the real estate investments. We’d then work to ensure that Sarah receives her fair share of the business and investments, taking into account her contributions to the family throughout the marriage.


By carefully valuing and dividing their assets, we can help Sarah and John move forward with their lives while safeguarding their financial futures.


If you’re facing a divorce and need guidance on property division in Texas, the Law Office of Bryan Fagan is here to help. Our experienced team of family law attorneys understands the complexities of property division, and we’re committed to achieving the best possible outcome for you.


Don’t navigate the challenging waters of property division alone. Contact us today to schedule a consultation and let us advocate for your rights and financial interests. We have offices throughout Texas, including Houston, to serve you better.

Contact us today to get the legal help you need:

Headquarters: 3707 Cypress Creek Parkway Suite 400, Houston, TX 77068

Phone: 1-866-878-1005