Which form of the sentence should I use/is more grammatically correct? See below for the full paragraph context it is in. Also, should I start it as another paragraph or keep it with this one? I'm writing a client letter and need to discuss the law, which is what I'm doing here.

There is a presumption that property is divided equally, but this decision is ultimately discretionary.

While there is a presumption that property is divided equally, this decision is ultimately descretionary.

Full paragraph:

Based on these facts, I believe you have a strong likelihood of gaining ownership to Pemberly on appeal. Under the current Wisconsin statute, property received as a gift to either party before or during the marriage cannot be divided upon divorce. However, when property is not acquired as a gift to either party member, the property can be divided. A court may also choose to divide property if doing so would avoid hardship or inequities to a party member. There is a presumption that property is divided equally, but this decision is ultimately discretionary. This means a court can consider a list of factors. These factors include, but are not limited to, a) whether one of the parties has substantial assets not subject to division by the court, b) a party's contribution to the marriage, giving value to homemaking duties, and c) whether property division is being made without a request for maintenance payments. At trial, you presented facts to establish Pemberly as a gift to both of you, thus subject to division by the court.