Galveston County Property Division Lawyer

As divorce lawyers, we know that when a marriage ends, two questions tend to weigh the heaviest: what will happen to your children, and what will happen to your property? For many, it’s not just about dividing assets—it’s about protecting what you’ve worked for and ensuring a fair outcome that reflects your contributions.

Property division isn’t just paperwork; it’s deeply personal. Whether it’s deciding who keeps the family home or how to divide retirement accounts, these decisions impact your future. At the Law Office of Aimee Stritchko, our Galveston County property division lawyers are here to guide you through this process with straightforward advice and a focus on what matters most to you.

Community Property vs. Separate Property

Texas is one of only nine community property states in the U.S. This means that any property acquired by either spouse during the marriage is presumed to be owned equally by both spouses (50/50), regardless of who earned the income to acquire it or whose name is on the title.

Upon divorce, community property must be divided in a “just and right” manner, which often but not always means equally.

However, not all property is part of the marital estate subject to division. Separate property is not divided and remains fully owned by the original spouse after divorce. Separate property includes:

• Assets owned by a spouse before marriage
• Property acquired by a spouse during marriage through gift or inheritance
• Certain parts of personal injury awards
• Property established as separate through a pre- or post-marital agreement

It’s important to understand that separate property can become commingled with community property over the course of a marriage, making it difficult to distinguish what belongs to whom. For example, if one spouse owned a home prior to marriage but then used marital funds to pay the mortgage and renovate it, the community estate may have a reimbursement claim for its contributions to the separate asset.

Factors Considered in Property Division in Galveston County

If spouses can’t agree on how to split property themselves, the court will divide it in a manner it deems “just and right.” This doesn’t necessarily mean 50/50. The judge may consider various factors to reach an equitable division, including:

• Each spouse’s earning capacity and separate assets/resources
• Which spouse has primary custody of the children
• Each spouse’s health, age, and education level
• Either spouse’s fault in the breakup of the marriage (e.g., adultery, cruelty, abandonment)
• Tax consequences of the property division
• Any fraudulent asset transfers or excess spending by either spouse

An experienced property division lawyer will present evidence and arguments to demonstrate your separate property claims and advocate for a fair allocation of the community estate based on these factors.

Marital Property Agreements in Texas

While Texas law presumes property acquired during marriage is community property, couples can change this through prenuptial (“prenup“) or postnuptial (“postnup”) agreements. These legally binding contracts can specify how property will be characterized and divided, potentially avoiding costly disputes if divorce occurs.

A valid marital property agreement can:

• Designate certain assets as separate property
• Define how future income and assets will be treated
• Establish property division terms in advance
• Protect business interests and inheritance rights
• Clarify debt responsibilities

For these agreements to be enforceable in Texas, they must be in writing, signed voluntarily by both parties and based on full financial disclosure. Having an experienced property division lawyer draft or review your marital agreement helps ensure it will stand up in court while protecting your interests.

At the Law Office of Aimee Stritchko, we help clients negotiate and draft marital agreements that provide clarity and protection regarding property rights. Whether you’re considering a prenup before marriage or want to establish property rights in an existing marriage, we’ll guide you through the process with practical advice focused on your long-term financial security.

How Our Property Division Lawyers Can Help

Dividing property can be one of the most stressful parts of divorce. There is a lot at stake financially, and it’s easy for negotiations to become contentious. Our property division attorneys provide skilled guidance at every phase:

• Identifying and valuing all marital assets and debts to ensure full financial disclosure
• Tracing separate property claims through account records, titles, and other documentation
• Negotiating a comprehensive property settlement through informal talks or mediation
• Litigating property division issues in court if a fair agreement can’t be reached
• Drafting detailed property division orders to avoid ambiguity and disputes down the road
• Assisting with ancillary issues like alimony, retirement assets (QDROs,) and estate plan updates

We’ll take the time to understand your priorities and work tenaciously to achieve your goals. With our extensive family law experience and local roots in Galveston County, we know how to build compelling cases and get positive results for our clients.

Don’t Face Property Division Alone

If you’re facing a divorce in Galveston County or the surrounding area, make sure you have a strong property division lawyer looking out for your financial future.

Call the Law Office of Aimee Stritchko today to schedule a consultation with our experienced legal team. We’re here to answer your questions, provide sound advice, and fight to get you everything you deserve.