The Use of Forensics to Determine Origin and True Ownership of Marital Assets
More and more, the process of asset tracing is being used in Texas divorce property disputes to determine whether items are community property or separate property. Professionals skilled in forensic research can use established and accepted legal methods to create unbroken paper trails showing that certain marital property was either brought into the marriage by one of the parties or was obtained with community assets during the marriage.
The Need for Asset Tracing Specialists in a Texas Divorce Case
Even though the Texas laws seem fairly straightforward with respect to the division of marital assets, there are often times when an expert may need to be called in to:
- Determine the value of disputed assets, such as art, jewelry and antiques
- Correctly categorize assets paid for with both pre-marriage and post-marriage funds
- Identify assets received during the marriage that were nonetheless separate property, such as inheritances or gifts
How Asset Tracing in a Texas Divorce Property Dispute Works
Investigators exhaustively comb through all types of records, including bank statements, documents of title, wire transfer records and deeds in an attempt to establish a clear paper trail that identifies when and how the property was obtained (whether entirely with separate funds or with commingled funds). Even if marital property is partially paid for with commingled funds during the marriage, the person bringing the property into the marriage may still claim it as separate property, provided the asset tracing specialist can find evidence that the funds in an account never dropped below the amount of a separate contribution. Furthermore, the courts tend to presume, with joint accounts, that everyday expenses were paid first, leaving any remaining separately contributed funds untouched.
Contact DTX Family Law for Sound Advice in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures, including any issues related to college funding in a divorce proceeding. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay and North Richland Hills