Law Office of Angel Davila
Divorce & family law

Property & debt division

A house, retirement account or business may need more than a line on a settlement spreadsheet. First establish what each spouse owns, when it was acquired, how it was paid for and which debts are attached.

What happens next

  1. Inventory assets and liabilities, including those in just one name. Trace property claimed as separate using premarital records, inheritance or gift documents, and account histories.
  2. Agree on values where possible. For disputed items, identify the valuation date, who holds the records and whether an appraisal, business valuation or accounting review would answer the question.
  3. Review how each transfer will actually happen. Check refinance or sale deadlines, deeds, vehicle titles and any separate retirement-plan order needed to carry out the decree.

Timing and deadlines

Property records can be gathered at the beginning of a divorce. Appraisals, disputed ownership and retirement-plan review can add time. A signed decree may be followed by separate transfer, recording or lender steps.

Costs and payment

Ask which issues truly need an appraiser, accountant or retirement-order specialist and request an estimate before authorizing that work. Recording, refinancing and sale expenses may affect the real value of a proposed split.

How to prepare

  • Gather statements as of the marriage date where possible, current balances, deeds, mortgages, vehicle titles, retirement plan names and loan records.
  • For a gift or inheritance, trace the asset from receipt through later transfers. For a business, identify ownership papers, accounts and existing valuations.

Questions and answers

Does Texas automatically split everything equally?

The court makes a division of the community estate it finds just and right. Property held at divorce is presumed community unless separate character is shown by clear and convincing evidence. The acquisition date and source of funds matter even when title lists only one spouse.

The decree assigns the mortgage to my spouse. Am I off the loan?

The decree allocates responsibility between spouses. A creditor can still rely on the loan contract unless it releases a borrower or the debt is refinanced or paid. Ask how a proposed agreement handles lender approval or a failed refinance.

What should I ask about dividing a pension or workplace retirement plan?

Ask the plan administrator for its division procedures and provide the plan’s exact name and statements. Some plans need a separate qualified domestic relations order. Have the decree and any plan order checked together so the transfer can be implemented.

I inherited money and deposited it in a joint account. What should I gather?

Collect the estate distribution papers, deposit record and statements covering later withdrawals or purchases. A gift or inheritance can qualify as separate property, but tracing the funds after they were mixed may require more than the account title.

Can my spouse keep the business while I receive other assets?

A proposed agreement can assign the business to one spouse and balance the division with other property or agreed payments. Review business debts, valuation assumptions, transfer restrictions and whether the promised payments are financially realistic before signing.

Let’s talk about your next step.

You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.

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