How do I divide non-marital and marital assets in a collaborative divorce?
In Texas, if both spouses in a divorce agree to pursue a collaborative divorce, it is possible to divide both marital and non-marital assets. To begin, all parties involved must agree to make a full disclosure of their assets, so that all assets and contributions can be accurately assessed. After this, the parties can negotiate and divide the assets, and reach an agreement as to how to divide the non-marital and marital assets. This agreement should be written down and presented to the court for review. Generally, any assets acquired before the marriage, such as inheritances, investments, and real estate, are considered non-marital assets and are not subject to division in a divorce. However, if there were any significant contributions made during the marriage that increases the value of the non-marital asset, it may be subject to equitable division. Marital assets, which are typically any assets acquired together during the marriage, are subject to equitable division. This means that the court will assess each person’s contribution to the marriage, including time, labor, and money, and make a decision regarding how the marital assets will be divided. In a collaborative divorce, the parties decide how to divide the assets and submit this agreement to the court for review. If the court finds the agreement fair and reasonable, it may be legally binding. It is important to remember, however, that the court always has the final say on how marital assets are divided, and may not approve of the agreement made in a collaborative divorce.
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