What happens when the life you built together now needs to be divided? For many couples facing divorce, one of the most emotionally and financially charged issues is dividing property and assets.
When tensions are already high, trying to split property, investments, retirement accounts, and even debts can make matters worse—especially if there are disputes over who owns what or how assets should be divided. That’s where experienced legal guidance becomes essential.
At Daniel Ogbeide Law, we understand how stressful divorce can be, particularly when it involves financial matters that impact your future. As experienced property division lawyers in Houston, we help clients protect their rightful share during divorce proceedings, whether the case is amicable or contested. We offer personalized attention, legal insight, and compassionate support throughout the process.
In this article, we’re explaining how property division in divorce is approached from a legal perspective, what factors courts consider, and how a lawyer can help make sure your interests are represented. Whether your divorce is uncontested or contested, this guide will help you understand the road ahead.
Understanding Property Division in Divorce
In most divorce cases, property falls into two broad categories:
- Marital Property – Assets and debts acquired during the marriage, regardless of who holds the title.
- Separate Property – Property owned before the marriage or received as a gift or inheritance by one spouse.
Only marital property is subject to division. However, identifying and valuing that property is often far from straightforward, especially when it involves businesses, investments, retirement accounts, or jointly owned assets.
What Does “Equitable Distribution” Really Mean?
Texas is a community property state, which often leads people to believe everything is split 50/50. That’s not necessarily the case.
In practice, courts aim for a just and right division—not an automatic half-and-half. That means a judge may consider a wide range of factors to determine how property is divided, including:
- The length of the marriage
- Each spouse’s earning capacity and education
- Contributions to the marriage (including homemaking and childcare)
- Fault in the breakup of the marriage (if relevant)
- Health and age of both spouses
- Custody arrangements for any children
- Future financial needs and liabilities
We’ve seen clients surprised by how much discretion the court has in making these decisions. That’s why it’s so important to have legal representation that knows how to present the facts clearly and compellingly.
The Importance of Accurate Asset Identification
One of the most common problems in property division cases is incomplete or inaccurate disclosure of assets. Whether it’s a forgotten retirement account or intentionally hidden income, failure to properly identify assets can seriously impact your share.
An experienced attorney can help:
- Uncover all marital assets (including those in one spouse’s name)
- Evaluate the fair market value of property, investments, and business interests
- Determine whether certain assets are separate or marital property
- Develop strategies to protect your interests in contested divorce cases
This process is especially important in contested divorces, where both sides are fighting for specific pieces of the marital estate. Having a strong legal advocate can make all the difference.
Handling Property Division in Common-Law Marriages
Texas recognizes common-law marriages under specific conditions. If you’re in a common-law divorce situation, the first step is proving that a valid marriage existed. Once that’s established, property division follows the same legal principles as traditional marriages.
For clients in long-term relationships without a formal ceremony, this issue often becomes the first major legal hurdle—and it can affect everything from real estate to retirement plans. A common-law divorce attorney can guide you through these additional complications with the right documentation and strategy.
When Divorce Is Uncontested
In uncontested divorce cases, both spouses agree on the division of assets. These cases tend to be faster and less expensive, but they still require careful review to ensure nothing is missed. We often help clients draft or review property settlement agreements, making sure their rights are protected before signing anything.
Even in amicable separations, it’s wise to consult with an attorney before finalizing the terms. A small oversight today can lead to costly disputes later on.
What About High-Conflict Cases?
In contested divorce cases, disagreements over property can escalate quickly. Whether it’s a family home, a jointly owned business, or inherited assets, we work with clients to build strong legal arguments supported by evidence, documentation, and—when necessary—expert testimony.
We’ve represented clients in some of the most complex property division disputes and understand how to protect your financial future through each phase of litigation.
Wondering Who Will Protect What Matters Most to You?
Divorce isn’t just the end of a relationship—it’s the beginning of a new financial life. At Daniel Ogbeide Law, we focus on helping you start that new chapter with confidence. Our team includes affordable divorce attorneys, contested divorce lawyers, and experienced legal professionals who know how to handle everything from high-asset disputes to simple uncontested agreements.
Whether you’re looking for support in a high-conflict case or need help with property division in a common-law divorce, we’re here to help protect your rights and your future.
Contact Daniel Ogbeide Law to schedule a confidential consultation with a property division attorney you can trust. We’re proud to serve families across Houston with the strength, clarity, and dedication they deserve.