281.550.6650

Family Law



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The Attorneys

Eric C. Eric Schmidt

Michelle L. Michelle Schmidt

Marilyn Marilyn Gale Vilyus - Retired Founding Attorney


Location:

Energy Corridor:
14780 Memorial Dr, Ste 103
Houston, Texas 77079



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Just and Right Divorce Property Settlement in Houston, TX

Divorce is a complicated and emotional time. A particularly messy part of the divorce process is divorce property settlement. C.E. Schmidt & Associates, PLLC, offers the divorce property settlement services in Houston, TX, that you need for a peaceful and fair settlement.

Community Property

We offer the settlement services that you need to distribute your community property. Community property is any property that was not owned prior to the marriage or that was inherited or received as a gift while you were married.

In this context, property does not merely refer to land or a residence. Funds in checking and savings accounts, a vehicle, furnishings, jewelry, and coins are all considered property. Spouses often express to attorneys a mistaken belief that earnings generated by them are “my money.”

Under the Texas Family Code, that is simply NOT the case. A spouse may be entitled to manage the funds that are generated as the result of their labor, but actual ownership and property rights to those funds are a separate issue altogether. You must be fully informed and apprised as to your rights and duties under the law with respect to income and property.

During the property settlement negotiation, it is your responsibility to prove that anything you claim is separate property is in fact separate property. We help you find and gather the documents to prove that a particular piece of property is indeed separate property.

A Just and Right Agreement

With our legal services, we can ensure that the agreement reached satisfies the needs of the court. Our divorce property settlement services simplify this complex and difficult process and ensure that you can complete the settlement of your property as quickly and efficiently as possible. We help you reach a division of your assets that is just and right.

A just and right settlement of property is not necessarily a 50-50 split but depends on a variety of other factors, including:

  • Fault in the breakup of the marriage
  • Separate property owned by each spouse
  • Special needs of each party
  • Who has primary custody of the children
  • Age and health of both parties
  • Differences in education and ability to earn a living

Our team considers these factors and others to reach a just and right divorce property settlement.

Spousal Maintenance

Our settlements can also include alimony, which is called Spousal Maintenance in Texas, if that is arranged as a part of the agreement. Spousal Maintenance is proper when a marriage has been in existence for at least 10 years or there has been family violence. The duration of Spousal Maintenance depends upon the facts of each case (the length of the marriage) and the statutes contained in the Texas Family Code. 

Spousal Maintenance does not continue into perpetuity and remains most likely inappropriate in cases in which each spouse is comfortably able to provide for minimum reasonable needs. 

Simplify the complexities of divorce property settlement and issues that may arise with respect to Spousal Maintenance with C.E. Schmidt & Associates, PLLC. Call 281.550.6650 today to schedule a free consultation.