Elements of Successful Property Litigation

 Posted on February 28, 2025 in Complex Property Litigation

Not all divorces go smoothly, especially when there is contested property between you and your spouse. When all other methods of dispute resolution fail, you may have no choice but to turn to courtroom litigation as a last resort. A Texas divorce lawyer can be your best advocate throughout this tumultuous process, standing up for your interests in front of a judge.

At Powers Kerr & Rashidi, PLLC, we have years of experience handling complex property disputes on behalf of our clients. When you work with our firm, we will take the time to understand your goals so that we can be better advocates for you.

Get a Full Appraisal

Regardless of how big or small your marital estate is, getting a full estimate of your assets is the first step in the property division process. This requires uncovering all of your properties, including real estate, bank accounts, businesses, retirement accounts, and more. You will also have to distinguish between marital property and separate property to determine what is yours alone.

At Powers Kerr & Rashidi, PLLC, we are prepared to launch a full investigation into your marital estate. We will consult with accountants and other financial professionals to get an accurate estimate of the total worth of your assets. By getting a complete picture of your marital estate, we can negotiate with leverage and fight to make sure nothing is overlooked.

Make a Plan

After all of your assets have been accounted for, you should consider what you want out of your marital estate. Texas is a community property state, so all of your marital property will be divided in a just and equitable fashion – it is unrealistic to expect that you will get all or even most of your marital property.  With this in mind, you should prioritize the most important items to you, such as your house, your car, or family heirlooms.

At Powers Kerr & Rashidi, PLLC, we can help you strategize for an ideal outcome and advocate for your rights to your property. Our attorneys can propose an equitable solution to the court that respects your wishes.

Consider Your Financial Needs

There is no denying that divorce litigation is an expensive process. Before you go into property litigation, you should consider if fighting over certain assets is worth the loss of time and money that a fight will entail. 

Also, keep in mind that the division of property can affect alimony. For instance, if your spouse cannot cover his or her reasonable needs after property litigation, he or she may be entitled to alimony if the marriage lasted ten years or more. Your attorney can discuss possible complications related to property litigation with you, keeping you informed of any liabilities.

Meet With an Austin, TX Divorce Lawyer Today

Complex property litigation is best undertaken with an experienced attorney at your side. At Powers Kerr & Rashidi, PLLC, our Travis County, TX family law attorneys are up to the task, ready to advocate for a favorable split of assets. Call us at 512-610-6199 to schedule a consultation.