If you have suffered a serious injury due to an accident, the compensation from a personal injury claim is crucial for covering medical bills, lost income, and the emotional toll of your experience. But, facing a divorce while still dealing with the aftermath of an injury can be particularly tough. It is understandable to be worried about losing a significant portion of your compensation to your spouse during asset division. You should seek the guidance of a Texas lawyer who can help navigate the complex property litigation of your divorce case and safeguard your financial well-being.

Is Injury Compensation Considered Community Property in Texas?

If you are getting a divorce in Texas, marital assets are divided and are usually assets acquired during the marriage, while separate property was obtained before the marriage. So, if you sustained an injury and settled your claim before getting married, you are typically entitled to keep the entire compensation you received.

However, if you suffered the injury while married, determining whether your compensation is separate or community property can be trickier. You must consider the specific damages covered in your settlement or verdict. Under the Texas family code, compensation for medical expenses and pain and suffering is typically your separate property, but compensation for loss of earning capacity may be considered community property. A qualified attorney can help you distinguish the amounts allocated for each type of damage.

If you are in the middle of a Texas divorce, legal issues related to real estate can make for a tricky situation that can lead to complex property litigation. Perhaps you and your soon-to-be ex are currently in disagreement, and you are thinking about taking legal steps. At Powers and Kerr, PLLC we have been dealing with these types of situations for a long time. A Texas complex property litigation attorney can try to make sure you get a fair share of what you own. 

What Is Considered Complex Property Litigation?

Complex property litigation involves multiple parties, unusual challenges, and one in which the stakes are high which can turn into a fiery courtroom battle during a divorce. When a couple cannot agree on how to fairly divide their valuable assets, such as real estate, investments, businesses, retirement accounts, or even unusual items, it often leads to a legal showdown in court. This process can be lengthy and costly, making it essential to have an experienced divorce attorney by your side. A lawyer specializing in navigating the intricate legal landscape of property division can ensure that you receive your rightful share. Whether you are dealing with intricate financial matters or unique assets, having a skilled Texas complex property litigation divorce attorney can make all the difference in achieving a fair outcome in your divorce.

What If I Suspect There Are Hidden Assets?

In many high-stakes divorce cases, some spouses try to unfairly cheat their partners by not being honest about money and property. They might hide assets or sell them secretly. You need a skilled attorney who has experience recognizing when fraud is a concern and finding hidden assets that belong to both spouses. We can help our clients get temporary orders that stop their spouses from selling assets while the divorce is ongoing. Our aim is to make sure the financial future of our client is secure after the divorce and that you get your fair share of property. This involves everything from accurate appraisals of your assets to making sure the final divorce judgment divides your belongings fairly.

If you have been seriously injured in an accident, you may rely on compensation from a personal injury claim to provide relief for your ongoing medical expenses, lost wages, and pain and suffering. Going through a divorce while you are still suffering from the effects of an injury can be especially difficult, and you may be concerned that you are at risk of losing a large portion of this compensation to your spouse in the division of assets. If you find yourself in this situation, it is important to work with an attorney who can help you manage the legal complications of your divorce case and protect your financial resources.

Is Injury Compensation Considered Community Property?

In a Texas divorce, the couple’s community property must be divided, while each spouse is able to keep their own separate property. Community property usually includes any assets acquired by a spouse during the marriage, while separate property includes assets acquired before the marriage. As such, if you suffered an injury and resolved your claim before getting married, you are likely entitled to keep the full amount of the compensation you have been granted.

If you were injured during your marriage, however, it can be more complicated to determine whether your compensation belongs to you alone or to the marital estate. In this case, it is important to understand the types of damages that your settlement or verdict included. According to the Texas family code, injury compensation for your medical bills and pain and suffering is likely your separate property, but compensation for your loss of earning capacity is likely community property. An attorney can help you review the terms of your settlement or verdict to determine the specific amounts awarded for each type of damages.

When a couple’s assets are divided in a Texas divorce, there is an important distinction between community property and separate property. Community property refers to most assets acquired by one or both spouses during their marriage, and both spouses have a claim to it in the divorce. Separate property refers to assets that belong to just one spouse, usually those that were acquired before the marriage.

Though your spouse does not have a claim to a portion of your separate property during the divorce process, this property can still impact the terms of your divorce resolution in other ways. For example, you may need to prepare for your spouse to claim reimbursement for any contributions they made.

When Can a Spouse Claim Reimbursement?

According to Texas law, there are several situations in which a spouse may have a claim for reimbursement for contributions made to the other spouse’s separate property. Some of the most common include:

Texas law treats most assets acquired during a marriage as community property, meaning that both spouses have an ownership interest. If you are getting divorced, you may be concerned that this means that you will have to divide all of your assets in half, possibly even requiring you to sell some of your property to make this possible. You should know that although there are times when selling your property is necessary or desirable, there are often alternatives that may better suit your needs.

How Is Property Divided in a Texas Divorce?

Understanding Texas laws regarding the division of marital assets can help you determine whether you may need to sell some of your property. Texas courts operate under a general rule requiring the “just and right” division of community property. If the decision is left up to the court in a contested divorce, you may be ordered to sell property to achieve a just distribution. However, you can also negotiate a fair agreement with your spouse that minimizes the amount of property that must be sold.

Selling Your Home

The decision of whether or not to sell your home largely depends on whether you or your spouse wants to continue living there, as well as whether either of you can afford it on your own. Selling may be necessary if you are unable to work out an agreement with your spouse, if the mortgage and upkeep would be too much of a burden, or simply if neither of you has a compelling reason to stay in the house. If you do need to sell, your divorce resolution can establish the terms for dividing the proceeds after any remaining mortgage balance has been paid.