Thomas P. Carnes
(830) 997-7790 968 Braeutigam Road
Fredericksburg, Texas 78624

Thomas P. Carnes, A Civil Trial Lawyer Serving the Texas Hill Country
Practice Areas

Family Law

Property Issues in Divorce

Texas is a community property state. Property brought into the marriage by one party, gifted or devised to that party specifically during marriage, or the product of a settlement for personal injury during marriage (as opposed to, for instance, lost wages) are deemed to be separate property. All other property is community property, and property is assumed to be community property. That is, the party advocating that property is separate property must establish it as such. If assets have been segregated, this is a relatively easy task. If they have not, the characterization of separate property must be established through tracing, often requiring the engagement of an expert.

In Texas, the income from separate property, like all other income earned during marriage, is community property absent an enforceable premarital or marital property agreement. The growth in separate property assets – such as through the increased value of the asset – remains separate property.

The most common property issues in divorce are in valuing, characterizing, and dividing retirement benefits of one or both spouses. Less commonly, but still prevalent, are issues concerning vested and unvested stock options and deferred compensation. These issues are the subjects of entire articles themselves. But, suffice it to say, that if these issues exist, it is important to have an attorney who understands the complex issues of such a divorce.

Tom Carnes understands such complex financial issues. Tom has a BBA and MBA in finance, and worked in banking and corporate finance before law school. Tom has been involved in cases involving complex financial issues throughout his legal career. Unlike some family lawyers, and some lawyers in general, Tom has a firm grasp on financial issues that exceed the complexity of any that are likely to be encountered in the context of a divorce.

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