DIVORCE AND FAMILY LAW LITIGATION

The emotional complexities attendant to a divorce are often heightened by the struggle of spouses to separate the community estate.  Generally, the law presumes that all property and income acquired by the husband and wife during the marriage is community property. The same presumption applies to debts  acquired or incurred during the marriage. Layered on these presumptions are a number of legal principles which effect the division of the estate.

For example, these presumptions are complicated by the co-mingling of separate property (property owned by a spouse before the marriage)with community property. When that occurs, a detailed analysis or tracing of the separate property, i.e. money, is required to recover it.

In addition, economic contribution and reimbursement may come into play creating further difficulty in making sure that a spouse receives his or her rightful share of the community. For example, when community funds are used to increase the value of separate property, the community estate may have a right to seek reimbursement from the spouse who benefitted from the community's contribution.  Further, where one spouse spent an unusual amount of time and effort developing a business that is separate property, the community may be entitled to reimbursement.

Ideally, the spouses agree on a fair division of the community property. When the husband and wife cannot agree on a division, Texas law requires the court to divide community assets and liability in a way that is "just and right." This standard, however, does not mean that community property is divided evenly.

As one might expect, the parties often fail to agree to the nature, characterization and value of property. To prepare the case for trial, expert witnesses, like forensic accountants and appraisers, are necessary to prove up the value of land and businesses.  

These are just a few of the issues you may face. Mr. Olinde's extensive experience in business litigation provides an excellent platform for him to handle divorce cases in which complicated estates are involved. He is knowledgeable in Texas divorce laws as they relate to accurate valuations of businesses, vacation properties, retirement accounts and other factors in the division of assets.