San Antonio Property Division Lawyer

Helping You Divide Assets and Resolve Disputes

When your marriage has come to an end, divorce seems like the next logical step. When you get divorced from your spouse, you must divide up your property and assets in a way that both of you can agree upon. If you can’t come to an agreement or if there are disputes about community vs. separate property, having help from a family law office is extremely beneficial.

The Hicks Law Firm is here to support you during your divorce proceeding and make sure your assets and your property are divided fairly. Without an attorney on your side, there’s a chance your spouse could take more than their fair share or stick you with debt that you don’t deserve. Our law firm will protect your legal rights throughout your divorce to get the best possible outcome. For a free 20-minute initial consultation with our attorney, call today at 210-985-8330.

How Does Property Division Work in Texas?

In Texas, property is divided with the goal of equitable distribution, not equal distribution. Equitable distribution means that each spouse gets a fair and just distribution of assets rather than a 50/50 split.

There are a few factors that influence how property is divided between divorcing spouses, including:

Spousal Agreements

If you have a prenuptial agreement in place, the court will generally respect the asset division in this document. A postnuptial agreement can also be used, although they are typically not as powerful and may not be respected under some circumstances.

Contributions

The contributions from each spouse during the marriage will be taken into account during the division of property. Contributions include finances, homemaking, child-rearing, and more. The spouse who contributes more to the household will likely receive a more significant distribution.

Economic Circumstances

Both spouses will have their financial circumstances and needs examined during the divorce process. If one spouse has a significantly lower income than the other, they may be awarded more assets.

Duration of the Marriage

The longer the marriage is, the more likely the court is to split properties equally.

Fault in the Divorce

Some courts may consider the reason for the divorce, like abuse or infidelity, when determining how to divide assets.

What is the Difference Between Community and Separate Property?

Community and separate property are divided differently during divorce. Determining community property and separate property is essential, as it will impact what can be split between spouses.

The differences between the two types of properties are:

Separate Property

Separate property is any property that you owned or claimed before the marriage. It also includes any property you acquired during the marriage as a gift, any inheritance you received, and the recovery of any damages for a personal injury that happened during the marriage.

Community Property

Community property is the property that you and your spouse obtained during the marriage. Even if you purchase property with your own credit and use it for yourself, it is still considered community property if you obtained it during your marriage.

Community property typically includes the following:

• Real estate
• Income
• Retirement accounts
• Businesses
• Investments
• Credit cards
• Vehicles
• Household items
• Mortgages
• Personal loans

Generally, community property is distributed between spouses, while separate property is given to the spouse who owned it originally. You can argue that some property you acquired during your marriage is actually separate property, but you will need help from our legal representative. Contact our law firm today to learn more.

What Are the Most Common Property Division Disputes?

Divorce proceedings can be emotionally challenging. Along with those challenges, you may find yourself disagreeing with your spouse about how to divide up your assets. Having an attorney on your side will help you reach an agreement for fair distribution, especially if there are any disputes you two cannot resolve on your own.

The most common property division disputes include:

Debt Responsibility

Debts acquired during the marriage are typically divided between the spouses. Your spouse may try to claim assets without claiming any of the debt, leaving you in the negative.

Hidden Assets

Spouses are required to disclose all their assets during divorce proceedings. Concealing assets can affect how property is divided.

Real Estate

When children are involved, deciding who gets the family home can be challenging. Our attorney will help you do what’s right for your kids.

Property Classification

Issues can arise when spouses try to claim marital assets as separate assets and vice versa. Our attorney will help you protect your rights and get the property that belongs to you.

Prenuptial Agreements

Prenups can be nullified under some circumstances. If that happens, your property division will be affected. It’s important to review your prenup before taking it to court.

Equitable Distribution

Although equitable distribution isn’t a 50/50 split, some spouses may try to get more than their fair share. This economic misconduct must be monitored closely so you get what you deserve.

Should You Consult a Property Division Lawyer?

Getting through your divorce proceedings will start a new chapter in your life. But if you and your spouse cannot agree on how to divide your property, you need an experienced attorney on your side.

The Hicks Law Firm is here to advocate for you during your divorce and make sure that you get the property you are entitled to. If you’d like to learn more about our property division lawyer and how we can assist you, call today at 210-985-8330 for a free consultation.