Untangling Assets: Methods for Navigating Divorce Property Division

During a divorce, protecting your property is crucial. In Texas, safeguarding your separate assets requires thorough evidence and expertise. Texas law assumes property acquired during marriage is shared, but with the right documentation, this can be contested. 

Professional tracing and forensic analysis are key in proving what’s yours, even if your property has changed form over time or been exchanged during marriage. The concept is simple: connect the dots from your original separate property through each transaction to the property you have at divorce. For example, if you sell a car you owned before marriage and invest the money in stocks, you can demonstrate to the court that the car was your separate property and show how the proceeds were used to acquire new assets.

The burden of proof rests on the spouse claiming the property as separate; if they cannot establish its separate nature, the asset will be classified as community property and divided fairly.

Why ONDA?

Orsinger, Nelson, Downing, Anderson, LLP is one of the largest family law firms in the state. The practice of family law is not just a profession, but a deeply held vocation. Every ONDA partner is Board Certified in Family Law by The Texas Board of Legal Specialization.

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