Property division is a critical component of the divorce process. The amount of property you take with you when you leave your marriage will play a major role in your future comfort. For that reason, it is important to understand how property is divided in a divorce.
Texas Is A Community Property State
In Texas, all property acquired during the marriage by either spouse is considered community property. The law requires that it be divided in a manner that is just. It is important to note that just is not the same as equal. While a 50-50 division of property is a possibility, there are factors that may shift the balance. These factors include each spouse’s income and earning capacity, each spouse’s separate property, and child custody and support arrangements.
At the Law Office of Rebecca Anne Gonzalez in San Antonio, my goal is to make certain property is divided in a manner that is truly just based on your circumstances. I will take great care to review every factor, bringing all relevant details to light. I will design a legal strategy designed to get you a fair division of property in your divorce. Depending on the facts of your case, I may be able to help you recover a disproportionate share of the parties’ estate.
With a wealth of experience, I am well-versed in handling complex property division issues, including those that involve:
- The family home, rental real estate and investment real estate
- Investment accounts
- Businesses and business interests
- Retirement benefits
I take great pride in answering all questions about property division.
The Issue Of Separate Property
One of the most important steps to take in the process is to make sure property is characterized correctly, and your separate property is documented and protected.
Separate property is property you acquired prior to marriage, as well as inheritances and gifts. In Texas, all property is presumed to be community property and subject to division until proven otherwise. As your lawyer, I will take great care to sort out your separate property and assist you in gathering the proper documentation to protect it. We will confirm separate property in your final hearing. This can be complex if property has become commingled, but I know the steps that can be taken to make sure you do not lose out on property that should be yours to keep.
Contact Us For A Consultation About Division Of Property
Need an attorney to protect your property during divorce? Contact me today at 210-888-9836 or toll free at 800-823-6321 or, if you prefer, by email. Evening and weekend appointments are available, upon request.