Every divorce has its own brand of complications, but divorce that involves complex property adds an additional layer of complexity. Complex properties are marital assets that need to be addressed on their own unique merits before they can be factored into the just and right division of your marital property. Often, complex properties require special expertise in the form of a forensic business valuation and/or additional professional services.
Divorces Involving Complex Property Do Not Always Go to Court
If your divorce involves complex property, it does not necessarily mean that your case will end up in court. The fact is that the vast majority of Texas divorces are settled out of court, and this includes cases that involve complex properties.
If your case does go to court, the judge involved will determine the just and right division of your marital assets, and he or she has a good deal of discretion in the matter. If you and your divorcing spouse can come to an agreement regarding the value of the complex property via another means – mediation for example – it will allow you more control over how you ultimately divide your marital assets. Bypassing court not only allows you more control over the process but also saves you time and money. Some cases, however, are so complicated and/or so contentious that the only way to move forward is via the courts.
Who Is Most Likely to Have Issues Related to Complex Property
There are a number of circumstances under which a divorcing couple is likely to have issues related to the division of complex property. These include:
- When a couple has a high net-worth
- When a couple owns a significant amount of property together
- When one or both spouses brought separate property into the marriage that has since become comingled with marital property,
- When property has been in one spouse’s family for several generations
Even a divorcing couple with relatively modest means, however, can face complex property issues. For example, a divorcing couple who owns a small business together – from which both parties derive their incomes – likely has a complex property matter on their hands. It is not the value of the property, per se, that makes it complicated. Instead, it is the involved entanglements that make an asset a complex property.
Your Complex Property Issues
If your divorce involves issues related to complex property, consult with a Houston divorce attorney who has experience in these nuanced matters. The sooner you obtain the professional legal counsel of a knowledgeable divorce lawyer, the better off your case will be. Obtaining a just and right division of your marital property is critical to your ability to move forward into your best future.