Property Division FAQs
When it comes to divorce, one of the biggest sources of misunderstandings is property division. The laws surrounding this part of the divorce process are complex. At the Law Office of Rebecca Anne Gonzalez in San Antonio, I am committed to educating you about how property is divided. As your lawyer, I will always be ready to answer all of your questions as we move forward through the divorce process. For now, I have provided answers to some of the most frequently asked questions about this topic:
How Is Property Divided?
Texas is a community property state. The law says that community property should be divided in a manner that is “just and right.” Many people think that means property should be divided equally. While that is true in many cases, sometimes the balance needs to shift away from 50-50 to be truly fair. After I carefully assess your case, I will design a strategy to pursue a division of assets that is fair for you.
What Factors Impact The Division Of Property?
There are a wide range of factors that impact how property is divided. If one spouse committed adultery or cruelty, or was similarly at fault for the end of the marriage, that may be a factor. More common factors include each spouse’s age and health, income and earning capacity, separate property, and child custody and support arrangements.
What Is Community Property?
Community property, also referred to as marital property, is property that was acquired or that increased in value during the marriage. Regardless of which spouse’s name is on the title or deed, any property acquired during the marriage is considered community property. Community property is subject to division in divorce.
What Is Separate Property?
Separate property is property acquired prior to the marriage. Inheritances and gifts given to one spouse during the marriage are also considered separate property. Separate property is not subject to division in divorce. However, it is the duty of the owner of the separate property to prove that the property is indeed separate. I will gather the necessary documentation to confirm your separate property. I will then take the necessary steps to protect your separate property.
What If My Spouse And I Cannot Agree On How To Divide Property?
Division of property is one of the most contentious issues in divorce cases. Depending on the situation, I may recommend working together to reach agreements through negotiation or mediation. However, oftentimes trial is necessary. I am a trial attorney, and I am prepared to protect your assets in court if your spouse is not willing to agree to a fair division.