Dallas Property Division Lawyer

Representation for Division of Assets in Texas

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.

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.

How Do Texas Courts Divide Community Property?

When a judge decides on which property will be divided, he or she will do so equitably. They will also examine one or more of the following factors:

• How long the marriage lasted
• Was there a fault that initiated the divorce?
• Were there assets and debts acquired during the marriage?
• The value of the property
• The age, health, and earning power of each spouse
• Which spouse has child custody
• The employability of each spouse

It is possible to obtain employment benefits, retirement income, and pensions as community property if they were accumulated during the time of the marriage.