Episode Summary
In this episode of The Melinda Eitzen Show, Melinda Eitzen sits down with Duffee + Eitzen attorney, Victoria Buckley, to unpack the most common misconceptions, mistakes, and misunderstandings people bring to the property side of divorce. While many assume custody is the most complex part of a case, Victoria and Melinda explain that property- the assets, the accounts, the house is often where emotions run highest.
About the Guest
Victoria Buckley is an attorney at Duffee + Eitzen who focuses on complex property division in divorce. Before joining the firm as a lawyer, she spent 12 years as a paralegal, including with Duffee + Eitzen. She practices throughout the North Texas area, including the surrounding counties, and brings a particular enthusiasm for the intricate, high-asset property matters that many find most challenging.
Key Takeaways About Property Division in Divorce
● Texas Is a Community Property State: Assets acquired during marriage are generally presumed community and subject to division—even accounts only one spouse manages or can access.
● Separate Property Must Be Proven: The burden falls on the person claiming an asset is separate, and it must be shown by clear and convincing evidence.
● Commingling Happens Easily: An asset that started separate can become community through everyday financial life. Untangling it requires tracing, which grows expensive the longer and more blended the marriage.
● Keep Your Records: Banks typically retain statements for only about seven years. Few people save their own records anymore, and lost documents can make tracing impossible.
● Hire Experts Early: Deadlines are missed more often in family law because trial dates come quickly. A tracing expert needs time—aim for that buffer before it’s too late to put the evidence before the court.
● “Just and Right” Isn’t Always 50/50: Texas divides property justly, which may mean a disproportionate share for reasons like earning disparity, adultery, or waste—though even 60/40 is an outlier.
● You Don’t Divide Every Asset in Half: Spreadsheets and offsets let one larger asset cover another, so there’s no need to split each account down the middle.
● Hiding Assets Doesn’t Work: Everything is documented and traceable in the digital age, and any asset not divided in the divorce remains divisible afterward.
