Property Division and Evaluation | Family Law | Geary, Porter & Donovan | GPD

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Property Division Valuation

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What matters in property division and valuation

• The law says that the court shall order division
  of property in a manner that the court deems
  "just and right", having due regard for the
  rights of each party and any children of the
  marriage. Only community property is divisible by
  the court the court cannot divest a spouse of
  his/her separate property.

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What matters in property division and valuation

• The court will initially presume that all
  property owned at the time of divorce is
  community property. A spouse must prove that an
  item of property is his/her separate property.
  However, if separate property has been
  "comingled" to the point that the separate
  property status cannot be clearly determined, the
  court will be required to rule that such property
  is community.

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What matters in property division
and valuation

• Generally, community property is all property
  acquired during the marriage. However, exceptions
  do exist. Some examples of community property may
  include, wages earned during a marriage,
  retirement plan contributions, pension plans,
  401ks, IRAs, homes, cars, stock options, country
  club memberships, life insurance and more.
  

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What matters in property division and
valuation
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What matters in property division and valuation

• In order to make an informed decision regarding
  property division, one must have a complete
  understanding of all assets and their values, as
  well as, all liabilities. This is true whether a
  case will be settled or tried to the court.
  

divorce_property_law
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What matters in property division and valuation

• In order to make an informed decision regarding
  property division, one must have a complete
  understanding of all assets and their values, as
  well as, all liabilities. This is true whether a
  case will be settled or tried to the court.
  

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What matters in property division and valuation

• In the event of a trial, the court must determine
  the fair market value of all property as of the
  date of divorce. In the event the property does
  not have a fair market value, the court shall
  determine the value of the property to the owner.
  This can be a challenging and complicated
  process.

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What matters in property division and valuation

• One of the more difficult assets to value is an
  interest in a closely held business. If the
  business interest were acquired during marriage,
  it is generally considered community property. If
  the business interest were owned prior to the
  date of marriage or acquired with separate funds
  during marriage, it generally will be considered
  separate property.

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• Handling the matter with Geary, Porter
  Donovan, P.C.FamilyLaw

• We have extensive experience in complex property
  division, including
• High asset divorce
• Business and partnership interests
• Real estate interests
• Stock options and other forms of executive
  compensation and
• Retirement plans/401(k) plans.

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• Handling the matter with Geary, Porter
  Donovan, P.C.FamilyLaw

We set the bar high with uncompromising
preparedness. We offer our clients access and the
resources of our in-house multi-disciplinary
legal team. As a result, we are nimble, thorough
and proactive. "We acknowledge and understand
all aspects of a complicated family law case. We
are meticulous with the details." - Michael Geary
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• "A lawyer handling a complex property case is
  much like the captain of a ship. He must manage
  all aspects of the voyage while never forgetting
  that the client directs the ship."
• - Larry L Martin
• "We understand that your case is unique, just as
  you are, and requires a unique strategy.
• - Julia Henry
• Reach Us At
• Dallas Area Office
• 16475 Dallas Parkway, Suite 400 Addison,
  Texas 75001-6837
• P 972-349-2389 F 972-931-9208
• www.familylaw.gpd.com