Understanding Property Division Laws In Texas
At MARVEL & WONG, PLLC in San Antonio, we know that property division can be a source of anxiety for many spouses going through a divorce. Uncertainty and misinformation about the law can make answering the question “Will I have the assets I need to be okay financially?” very difficult.
We help you ease your fears by educating you about the law and what to expect from the process. With our 100 years of combined experience in family law and respected reputation, you can trust that we have the talent and experience necessary to protect your interests.
Community Property Vs. Separate Property
Under Texas law, all property that you acquire during the marriage is community or marital property and is subject to equal division upon divorce. Property you owned prior to the marriage, purchased with money earned prior to the marriage or inherited is considered separate or nonmarital property. Separate property is not subject to division.
When you file for divorce, the court will presume that all property owned at the time of the divorce is part of the martial estate regardless of whose name is on the title, property deed or other ownership documents. You and your spouse have the burden of showing that the court should exclude certain property as separate.
Perhaps the most difficult part of the process is that separate property is not always an “all or nothing” determination. Separate property can be commingled with marital property. For example, you may open a retirement account prior to the marriage but contribute funds to it during the marriage. The value of separate property can also be enhanced by nonmonetary contributions. A common scenario involves a spouse who works at a family business.
Understanding complex estates, tracing ownership interest in commingled property and uncovering hidden assets are skills at which our attorneys excel.
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If you are considering divorce, we encourage you to contact us as soon as possible. We can advise you on the steps you need to take and the documentation we will need to help you protect your interests. We welcome you to call our office at 210-201-1630 or send us an email and schedule a free initial consultation with a lawyer.