Dividing Assets In A Divorce - Ep 7

In Episode 7, Bryan and Janice break down the complex asset division process in divorce, covering property classifications, high-value assets, and emotional attachments.

Community vs. Separate Property in Texas

• Community Property – Assets acquired during marriage are presumed jointly owned.
• Separate Property – Includes assets owned before marriage, inheritances, and gifts, but proof is required to claim them separately.

High-Value Assets: Extra Complexity

• Business Interests – Ownership value must be assessed, though businesses themselves aren’t divided.
• Retirement Accounts – Community property portions are divided, factoring in tax implications and legal processes like QDROs.

Pets: Property or Family?

Texas law treats pets as property, but disputes over them are common. While some propose visitation schedules, the law does not recognize them.

Emotional & Sentimental Assets

Dividing property isn’t just about money—sentimental items often spark heated disputes. The hosts share stories of battles over paintings, recliners, and even barbecue grills.

Practical Tips for Asset Division

• Prioritize What Matters – Focus on key assets and be willing to compromise.
• Cost-Benefit Analysis – Weigh whether an asset is worth the legal fight.
• Get Proper Valuations – Ensure accurate appraisals for businesses and retirement accounts.
• Seek Professional Guidance – Attorneys and financial experts can help navigate legal and tax complexities.

Key Takeaway: Collaboration is Best

Mediation and informal negotiation allow for customized solutions, while litigation can lead to unpredictable outcomes. Maintaining control leads to better results.