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Understanding Business Asset Division in Texas Divorce

In Texas, a thriving economy is built on a multitude of businesses, both large and small. If you and your spouse started a business together but have decided to part ways, the division of the business can be a complex matter. In Texas, a community property jurisdiction, any business assets or companies accrued during a marriage are considered community property, subject to division in divorce court, whether it's a small business or large corporation.
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Separate Property vs. Community Property

A company or business created before the marriage is typically considered separate property and will not be divided during the court proceedings. However, if the company or business was established during the marriage, it is deemed community property.

If there's disagreement about whether the business was created before or during the marriage, both parties must provide relevant documentation to prove the date of creation. The spouse claiming the asset as separate property bears the burden of proof.

Ownership Rules and Limitations

Certain businesses have ownership rules and limitations that must be examined during divorce proceedings. For example, a specialized professional company like a physician's office or accounting firm cannot be owned by a non-licensed professional. This means that, post-divorce, ownership of the company will go to the licensed professional.

Rose Sanders Law Firm: Advocating for Your Business Future

If you're facing a divorce and are uncertain about your business's future, Rose Sanders Law Firm is here to help. We understand that court decisions regarding your business can have life-altering consequences. Our experienced attorneys work tirelessly to ensure our clients walk away from their divorce fairly compensated.

Houston Office

Rose Sanders Law Firm, PLLC
1 Greenway Plaza
Suite 100
Houston, TX 77046
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Dallas Office

Rose Sanders Law Firm, PLLC
3232 McKinney Avenue
Dallas, TX 75204
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McAllen Office

Rose Sanders Law Firm, PLLC
813 N. Main Street
Suite 701
McAllen, TX 78501
(956) 877 2454
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El Paso Office

Rose Sanders Law Firm, PLLC
221 N. Kansas St
Suite 700
El Paso, TX 79901
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Contact The Rose Sanders Law Firm today for more information or to schedule a consultation.
1 Greenway Plaza 
Suite 100 Houston, TX 77046
713 221-3773