And what are the steps you can take to help you reach the best outcome in a potential property division? Let’s look at some of the biggest questions BCS Law clients have about this complex topic.

Understanding Texas Community Property Law

Community Property in Texas means that any property acquired during a marriage can be considered owned equally by both spouses. It is different from separate property, which, in most cases, is acquired before a marriage or after a divorce.

The distinction between separate vs. community property matters most in the case of a divorce, when property will be divided between spouses, or a death, when property will be divided between a surviving spouse and heirs.

What is Considered Community Property in Texas?

Most of the property received during the marriage is community property, or marital property. Income, houses, vehicles, art, and appliances all fall into this category if they were earned or purchased during the marriage. Even if only one spouse’s name is on the title, deed, or mortgage, both have 50/50 ownership if it was obtained during the marriage. Even income going into separate bank accounts is still community income.

What is Considered Separate Property in Texas?

If it wasn’t acquired during the span of the marriage, it most likely falls into the category of separate property. For example, if one spouse solely owned a house before marriage, that house would be their separate property and not up for division after a divorce.

But some things can still be considered separate property no matter when they were obtained. Personal injury settlements, inheritances, and gifts designated to one spouse only all count as separate property and are not up for division during Texas divorce proceedings.

One tricky element to all of this is that any income earned from separate property during the marriage is considered community property.

Property Division in Divorce in Texas

This is where things can get complicated. Under Texas divorce laws, the Texas court divides property in a way deemed “just and right” instead of equally. This method takes into consideration any fault of the marriage breakup, the spouses’ education levels and earning potentials, disproportionate value of separate property, and the custody and needs of any children. But this still only applies to community property. The court cannot award one spouse’s separate property to the other person.

The court starts at a presumption of 50/50 ownership of all community property and then works from there to determine what is fair and equitable. But some things can’t be split 50/50, like physical property- a house or a car. So, a house could be awarded to one spouse, while a car could be awarded to the other.

Another complicated example is retirement benefits. If a spouse already had a retirement account before the marriage, and then community funds contributed to the account during the marriage, the account would be assessed for the value at the date of the marriage and at the date of the divorce and the difference would be the community property and subject to being divided.

How Texas Divorce Laws Handle Debt Division

Debt is evaluated in the same way as property in this case. Debt acquired during the marriage is considered community debt and split between spouses the same as property.

An unsecured debt, like a credit card, would be assessed much like the retirement benefits addressed above. It all depends on when the debts were accrued- before and after, or during a marriage.

A secured debt, meaning it is attached to an asset, like a house mortgage, would be divided with the asset. In other words, the spouse who receives the house also takes on the mortgage debt.

Some debts, like student loans, are considered separate debts and not eligible to be given to the other spouse in a divorce.

How to Protect Your Assets in a Divorce

The burden of proof is on each spouse to prove what their separate properties are for divorce proceedings. You’ll want to provide tangible proof to support your claim. This documentation can be in the form of receipts, a testimony from an executor, or a will.

It’s also important not to commingle your separate property with community property. For example, if you put an inheritance into a joint bank account, it could be difficult to determine how to rightly divide the separate money from the marital funds. The court can then view the inheritance as community property after it is joined together.

Talk to Family Law and Estate Planning attorneys about the best way to protect your assets before receiving an inheritance. If you do end up commingling properties, you’ll need to talk to a CPA or Forensic Accountant to try to trace the separate monies.

Don’t pay off debts or make any big purchases before the divorce is finalized. This could hurt you since that would all be considered community property, even if you are separated.

Prepare to negotiate. What community assets are a priority for you? What community assets would you be willing to give up?

Death And Property Division in Texas

When a spouse unfortunately passes away, the division of property gets even more complicated. Working off the legal presumption that all of the martial property is only half owned by each spouse, unless anything is rebutted, leaves the division between the surviving spouse and any established heirs. Both parties may be in for a bit of a surprise to learn that they may not be awarded all the property they thought they’d receive. The estate will go into probate until it is all settled.

Closing Thoughts

Each married couple’s circumstances will present their own nuances and challenges when it comes to the division of community property during divorce. This guide is only meant to give you a foundational understanding of what to expect during the process, not offer legal advice. To realize the full scope of your potential case you need an experienced attorney.

Need help navigating Texas community property laws? Contact the experienced attorneys at Bollier Ciccone Stinson LLP for a consultation. The BCS Family Law practice is led by veteran Board-Certified Family Law attorneys Leslie Bollier and Susannah Stinson, who are recognized by the Texas Board of Legal Specialization. The BCS Law team will explain your options, formulate a strategic plan based on your desired outcome, and work tirelessly and productively to realize your optimized result.

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We are pleased to share that Leslie J. Bollier has been featured as one of the 12 influential businesswomen in Austin Way Magazine’s Dynamic Women of Austin feature.

In the Company of Remarkable Women

Being selected as one of Austin’s Dynamic Women is a significant honor, placing Leslie among a group of

talented and influential businesswomen who are making substantial contributions across various fields in Austin. This recognition is a testament to the collective impact these women have on the community and their respective industries.

Leslie’s Professional Achievements

Leslie is known for her expertise in complex family law matters, including property valuation and child custody cases. Her client-focused advocacy and results-driven approach have earned her a respected reputation in Texas. She is Board Certified in Family law by the Texas Board of Legal Specialization, and Austin Monthly has consistently recognized her as a Top Attorney in Family Law since 2020. As a business leader, Leslie boasts 100% of the partners and senior paralegals at her firm are Board Certified.

Outside of her professional achievements, Leslie enjoys the vibrant life in Austin and values time spent with friends and family. Her love for the city complements her professional success, making her not only a respected attorney but also a cherished community member.

Click to view entire magazine (100+ pages)
Click to view Spotlight

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Our Board Certified Team

• Leslie J. Bollier: Focusing on Family Law, Leslie offers expert guidance on complex issues such as divorce, child custody, and property division, ensuring clients receive compassionate and precise legal support.
• Tony Ciccone: Specializing in Construction Law, Tony brings a wealth of knowledge and experience to legal matters involving construction projects, including contract disputes and regulatory compliance.
• Susannah A. Stinson: As a Family Law specialist, Susannah provides adept legal counsel on matters involving family dynamics, helping clients navigate sensitive situations with care and professionalism.
• Emily E. Landeros: Emily specializes in Family Law and is dedicated to assisting clients through challenging family legal issues, offering insightful and effective legal solutions.

About Board Certification

Board Certification is a distinguished honor in the Texas legal community. It indicates an attorney’s advanced expertise and commitment to excellence in a specific area of law. Attorneys who achieve this certification have voluntarily exceeded standard licensing requirements by demonstrating substantial experience and successfully completing a rigorous examination process.

The Importance of Board Certification

• Expertise: Certification reflects an attorney’s specialized knowledge and skills, ensuring they are highly qualified to handle complex legal issues within their specialty.
• Professional Standards: Board-certified attorneys meet stringent criteria, including extensive practice in their specialty area, peer reviews, and ongoing legal education, maintaining the highest standards of professionalism and competence.
• Client Trust: Clients can rely on board-certified attorneys for expert advice and representation, as the TBLS certification is a recognized marker of an attorney’s dedication and proficiency.
• Continuous Learning: Board-certified attorneys are committed to staying current with developments in their field, ensuring they provide informed and effective legal counsel.

At Bollier Ciccone Stinson LLP, our board-certified partners exemplify our dedication to delivering the highest quality legal services. Whether you need assistance with family law or construction law matters, our team has the specialized knowledge and expertise to support you with professionalism and care. Contact us today to learn more about how we can assist with your legal needs.

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Bollier Ciccone Stinson LLP: A Special Partnership for Success

The family and commercial law firm relies on diversity and teamwork to help clients find successful outcomes.

In 2012, Leslie Bollier and Tony Ciccone founded Bollier Ciccone Stinson LLP, a boutique family and commercial law firm based in Austin, Texas. Their unique partnership, combining family law and commercial law expertise, has proven to be a successful model, providing clients with outstanding legal services and compassionate support.

A Passion for Helping Families

Leslie Bollier, who is Board Certified in Family Law by the Texas Board of Legal Specialization, is dedicated to helping families navigate the challenges of divorce, modification, and custody. Her commitment to guiding clients to stability is evident in her approach to families in crisis. “I like helping families get their lives back,” Bollier says. “If someone says, ‘I’m going to take your child from you,’ or, ‘I’m going to take all the money from you,’ it really puts them in a vulnerable position. By the end of the case, when they step into their empowerment, get their life back, and are now looking at everything in a different way—that’s what makes it all worth it to me.”

Protecting Rights in Commercial Law

Tony Ciccone, Board Certified in Construction Law by the Texas Board of Legal Specialization, leads the commercial side of the firm, handling business litigation, construction, real estate, and business law matters. Passionate about the law, Ciccone frequently assists clients with construction matters involving contractors and property owners. As one recent client says of Ciccone: “He is professional, direct, and tactful; however, he makes a solid, valid point with every response that leaves the opposition with no possible rebuttal.”

A Cohesive and Diverse Team

The unique combination of legal practices, compassionate core values, and a down-to-earth approach with their clients make Bollier Ciccone Stinson LLP a strong and connected unit. Leslie and Tony have worked hard to create a solid, supportive, and inclusive foundation within their firm and a cohesive working relationship with their team of professionals.

“A lot of people wondered why I partnered with someone with such a different focus,” says Bollier, explaining the logic behind their partnership. “It was really about Tony’s expertise and personality. I found a partner who is committed to diversity both by gender and race and a partner who is committed to professionalism and client services.”

Genuine Collaboration

The firm recently added a third partner, Susannah Stinson, a well-respected family lawyer who is also Board Certified in Family Law by the Texas Board of Legal Specialization, to their team. “There’s been a lot of client crossover between us all, which has been fantastic because we work so well together,” Bollier says. “Not only are we engaged in Bar and community activities, and we are board certified in our specific areas, but we are also all very personally close.”

Bollier emphasizes the importance of teamwork and growth within the firm. “We have a team approach here, and while we recruit in a manner that attracts talented people, we also give them the ability to grow with the firm and advance their career paths. This is incredibly important to us,” she says.

A Reputation for Excellence

Bollier Ciccone Stinson LLP has maintained a reputation for being trustworthy and approachable, addressing issues clients may not have considered while reaching an ideal solution. Creating a diverse environment has helped them to bring together the best positions, perspectives, and abilities. “We purposefully created a diverse environment to create the best team. The more ideas, perspectives, and talents that people bring to the table, the better. That only enhances our practice,” Bollier says. “I am proud of the team we’ve developed.”

A Bright Future

As Bollier Ciccone Stinson LLP continues to grow, the firm remains committed to providing premium, unmatched, personalized services to clients seeking Austin’s finest attorneys. With their unique partnership, dedication to professionalism, and deep care for their clients and team, Bollier Ciccone Stinson LLP is poised for continued success in the years to come. Learn more about the firm and its services at bclawtx.com.

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