Brandon Young Bell

Contact Brandon Young Bell for a Consultation
Phone: (972) 668-1462
For Inquires Call To Schedule an Appointment

Address: 38 1st Street NW, Paris, Texas 75460

Property Issues

Brandon Bell has experience in handling sizable and complicated community property divisions. Along with Mr. Bell's experience, he has the invaluable benefit of being part of a professional community of Attorneys, CPAs and other professionals that often serve as resources to the family law practice. A family law case can often encompases issues of criminal law, real estate, tax, bankruptcy, business entities, and estate planning. These issues and many more are delt with surprisingly often to resolve property divisions and other areas of family law.

Upon dissolution of a marriage the spouses must divide their property. Depending on the size of the estate, this process can be simple or it can be complex.

Texas is a community property state. This means that all property, other than separate property, acquired by either spouse during a marriage belongs to both spouses in what is called the community estate. A spouse's separate property consists of (1) property owned or claimed by the spouse before marriage, (2) property acquired by the spouse during marriage by gift or inheritance, and (3) any recovery for personal injuries sustained by the spouse during marriage, except for loss of earnings capacity. When the marriage is dissolved, courts are required to divide the community property in a just and right division after taking into consideration the rights of the husband and the wife and any children of the marriage. The court will have wide discretion in the division of community property, but generally the division will be 50/50 or very close.

In Texas, there exists what is referred to as a community property presumption. This means that without evidence to the contrary, everything divorcing spouses own is presumed to be community property. However, courts will recognize property as belonging to only one spouse if the property can be traced to a separate origin by clear and convincing evidence. Couples can take steps to affirm their current property and in some cases future property as separate property. This is what is commonly known as a pre-nuptial or post-nuptial agreement. Counsel should be sought from a qualified attorney before agreeing to divide property in any context.

Brandon Young Bell

Areas of Practice
  • Family Law