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Property & Assets

Division of Assets Divorce Attorney in Dallas

In Texas, the property and assets you obtained during your marriage are considered shared property, meaning both spouses have equal ownership claims. Texas law states that property must be distributed in a manner that is “just and right” during a divorce. Both sides much receive a fair share of the assets, unless the divorce is “at fault” in which case, the spouse filing for divorce may be entitled to more.

The courts will try to make the division equal, but they do not know all the details of your finances and property. This is why you need a knowledgeable attorney who can clearly define what you owned during your marriage and what you are entitled to now that it is over. This is where the Dallas divorce lawyer of Garcia-Windsor, P.C. can help.

Call (214) 972-3025 to schedule a consultation at Garcia-Windsor, P.C. today.

Community Property & Separate Property

Your marital assets are considered “community property”, meaning you both have an equal claim to them. Property you owned before your marriage is still considered yours and will not be considered in divorce proceedings so long as you can prove it belonged to you before the marriage.

Community property in a Texas marriage includes:

  • Income obtained by both spouses during the marriage
  • Employee benefits
  • Insurance benefits
  • Disability payments
  • Worker’s compensation funds
  • 401K plan
  • Real estate
  • Business ownership

It should also be noted that income from separate property is still considered shared property. If you owned a business or rental property before your marriage, you retain ownership of them, but the income obtained during your marriage is community property.

Let’s Discuss Details

The court considers many factors when determining “fair” asset division. These may include who retains child custody, the age difference between spouses, who was “at fault” for the marriage’s break up, and each spouse’s individual ability to bring in income. You need to be honest with your attorney about the details of your marriage so they can help you fight for everything you deserve.

Call (214) 972-3025 to schedule a consultation with our divorce lawyer in Dallas today. We have extensive experience in the Texas family law court system. We know what judges factor into their final decisions and how to demonstrate your financial needs in court.

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