Dallas Property Division Lawyer
Expert Representation for Asset Division 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.
Call (214) 432-6699 to schedule a consultation at Garcia-Windsor, P.C. today.
Understanding Community Property & Separate Property in Texas
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 Texas Courts Equitably 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.
How Do the Courts Divide Businesses?
Businesses owned by both spouses are also evaluated. If necessary, the court will hire an expert to help determine its liquidity or cash value if the business cannot be divided equally. Like any other asset, the time-consuming aspect comes in the form of determining what is fair. Often, divorcing couples may hire a certified public accountant or business appraiser to not only keep their best interests in mind, but to help with the valuation. It is important to consult with our attorney if you have questions regarding this, as business or real estate division can become complicated.
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) 432-6699 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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I would recommend this firm, and I have actually since I just received my final divorce decree. I would like to say that Miranda is very responsive, and will email me back in a very timely manner. She was able to answer all of my questions, and was very quick to send everything. The whole team is very professional, and thank God my case was sent quick. I have a child, and my ex spouse was able to sign virtually with the notary. Everything is electronic now since Covid hit so yuppie!!! Highly recommended- Juana
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- Hector
(Translated by Google) Isabela Garcia and her entire team have the best service. Whatever your family case, do not hesitate to call her. She or whoever is on her team will attend you and take care of you in the way that you deserve. I definitely recommend them! GARCIA-WINDSOR have a great and professionl team, I just recently received an excellent service. definitely recommended her and her team!
(Original) isabela garcia y todo su equipo tienen el mejor servicio.cual sea su caso familiar no duden en llamrle. ella u quien sea de su equipo le atendera y le atendera de la manera que usted se mererce. sin duda se las recomiendo! GARCIA-WINDSOR have a great and professionl team, I just recently received a excellent service. definitely recommended her and her team!
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This firm not only offers great customer service but actually cares about their clients. Very happy with the services provided.- Jasmine
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Very professional and informative, highly recommend.- Bernice
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She’s an excellent lawyer, she helped me with my case from beginning to end and with the result I wanted, Thank you! I 100% recommend her- Rafael
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I consider Isabela very wise and very knowledgeable attorney and that she will not just do her best to get you where you need to be but she will not leave you there hurting and in pain she will go through the storm with you, right next to you. Isabela is not only among the best but I consider her the best because she will take your hand and put forth much effort to help you get over the stump, hill, or mountain that you are facing in your life with in the civil matters that need to be handled. I hired Isabela as my attorney in a divorce matter, she looked out for the best in my interest and in the matter and gave me great advice. If I was to call her office I either had an answer or she got back with me as soon as possible and had answer for me. I will also say that Isabela never left my side nor did she leave me to stand alone no matter what the case or scenario, even when I was short of funds to pay her, she did not leave my side. Isabela stayed with me through the whole case and her assistants and other attorneys in the office are just as great. I have to say that Pooja was very helpful in mediation she is very knowledgeable and will look out for your best interest, I really appreciated Pooja and her assistance. Pooja you are a great attorney and I am glad I got to sit next to you again thank you. I have to say in all that Isabela and her office are a great team and I would recommend her to anybody that is in need of an unequivocal, unconditional, and dedicated attorney. Thank you for all you did for me.- Gabriel