Houston Preserving Separate Property Lawyers
Retaining separate property in a divorce settlement is often a high priority, as it is all too easy for funds and holdings that are separate from marital property to become depleted during the course of the divorce, resulting in serious adverse financial effects for one or both parties. Protecting this property requires a clear understanding of the laws which define marital and separate property, as well as how your actions during your marriage or over the course of the divorce can affect these holdings.
Without knowledgeable and experienced guidance from a Houston asset division attorney, many individuals are shocked to discover that their individual and separate property becomes part of the divorce settlement due to factors of which they were unaware. To learn more about how to protect yourself against such losses, call Holmes, Diggs & Sadler today at (713) 802-1777.
How Separate Property Is Depleted
Although both spouses will bring their own individual assets into the marriage, if these assets are not kept separate and distinct, they are considered to be community property under the doctrine of commingling, granting each spouse equal entitlement to the funds. Property which is clearly separate can become depleted or made into community property in the following ways:
- Paying for marital living expenses with separate property rather than marital property
- Commingling separate property with marital property to the point that they are indistinguishable
- Failing to fully identify separate assets through asset tracing before using separate property from a commingled asset
A skilled attorney will be able to offer guidance and strategies to protect your assets from depletion through commingling, giving you a better opportunity to retain this property at the completion of the divorce rather than committing a certain percentage of the assets to settlement.
At Holmes, Diggs & Sadler, our experienced Houston divorce lawyers are committed to providing knowledgeable and effective counsel to our clients, protecting their rights and interests over the course of a divorce. For a consultation to discuss the details of your case, call us today at (713) 802-1777.