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972-248-8080 DALLAS
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512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Dividing Overseas Property in a Divorce in Texas

ATTORNEYS IN DALLAS

A Texas court cannot directly demand an international asset's division; however, the court can compel the division by exercising jurisdiction over the party in the United States.

Dividing Overseas Property in a Divorce

Divorces that involve international assets can be especially complex. Various considerations come into play when deciding how foreign property should be distributed, such as the property's valuation and enforcement of any property division. If you or your spouse plan on pursuing a divorce and have foreign property, it would be wise to seek the assistance of a skilled divorce attorney who is knowledgeable about navigating the intricate process of dissolving a marriage that includes international assets.

Nature of the Overseas Property

The division of property in a Texas divorce case depends on whether the property in question is community property, belonging to both spouses, or separate property, belonging exclusively to one spouse. Under Texas law, any property acquired by either spouse during the course of the marriage is presumed to be community property. This presumption can only be rebutted by clear and convincing evidence that the property is separate. Moreover, property that a spouse owned prior to the marriage, as well as property acquired through inheritance, gift, or devise, is deemed separate. The spouses can also agree through a contract that certain property will be separate. Although Texas law provides clear guidelines for determining the nature of property, international laws may view property differently, resulting in disagreements over the classification of international assets.

Identify and Valuing International Property

Although divorcing parties are legally required to disclose all separate and community property, people are not always fully honest about the extent of their assets. While it may be possible to locate domestic property through investigations, uncovering hidden international assets can be significantly more challenging and time-consuming. Additionally, privacy laws in certain countries may prevent access to information about a spouse's property, even if it is located overseas. Even if both parties disclose all assets, including foreign property, disputes may arise over how the property should be valued. Typically, an appraiser is necessary to assess the value of the property, after which the court will issue an order for the division of property.

Enforcing Property Division in Divorces

In the event that one of the parties fails to comply with the court's ruling on the distribution of marital property, the other party can take measures to enforce the order. Despite the Texas courts lacking jurisdiction over international assets, they can still mandate the sale of the property or require the spouse who owns it to compensate their ex-partner for its value.

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In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

The attorneys at Wilson Whitaker Rynell are experienced in managing intricate family law cases, including those that deal with the division of international assets during a divorce. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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