Property Division

Community Property Division From Trustworthy San Antonio Divorce Lawyers

When choosing an attorney to handle your property division issues, it is critical to have an effective advocate in your corner who knows how to present facts clearly and concisely in a persuasive manner. At Sralla Family Law PLLC, we maximize our clients’ entitlement to marital property through our thorough understanding of the law and our seasoned knowledge of what it takes to bend the judge’s ear in our client’s favor.

How Texas Handles Property Division In A Divorce

Texas is a community property state. This means that all property acquired by either spouse during the marriage is owned equally by both spouses. In a divorce, the judge will divide the property between the parties in a manner that is just and right. The court makes this decision based on equitable considerations on a case-by-case basis. In most cases, courts divide the community property on a 50-50 basis.

Under certain extreme circumstances, a spouse can petition the court for a disproportionate distribution of community property, resulting in that spouse coming away with greater than 50% of the pool of community assets. The percentage breakdown can go as high as 60/40 or in the most extreme cases, 65/35. Disproportionate distribution is appropriate under circumstances that include, but are not limited to:

• One spouse is exclusively at fault for the breakup of the marriage
• One spouse has engaged in acts of cruelty toward the other spouse
• One spouse is disabled and unable to adequately support himself/herself
• One spouse has significantly less education and employability than the other spouse
• One spouse has considerably less earning power than the other spouse

Only community property is subject to division in a Texas divorce. Thus, each spouse keeps 100% of their separate property. Separate property generally includes:

• Property owned by one spouse before the marriage
• Gifts and inheritances given just to one spouse
• Personal injury awards received by that spouse
• Proceeds of a pension that vested (enabling the pension holder to access the funds) before the date of marriage

Property purchased with a spouse’s separate funds will remain that spouse’s separate property. A business owned by a spouse prior to marriage remains that spouse’s separate property, although a portion of the value of the business may be community property if the business grew, or increased in value, during the course of the marriage, or if both spouses worked at the business. Finally, the commingling of separate and community property will usually result in the conversion of the separate property to community property.

What Will Happen To The House?

One of the stickiest situations that can arise how to handle the marital home, particularly where children are involved. Generally, when children are involved, the party appointed as the primary conservator of the children usually will receive the house. If there is equity in the house, the spouse who does not receive the house is generally entitled to one-half of the equity. If there are no children, and neither spouse has a superior legal right to the property, the court will decide who gets the house at trial. Typically, the court will examine the needs of the parties, financial strength of the parties, fault in the breakup of the marriage and any other relevant factor when determining how to award the marital home.

Property Division FAQs

Property division is a big part of the divorce process. As one of our main legal practices at Sralla Family Law PLLC, we have helped answer many of our client’s questions, including:

How are retirement accounts like 401(k)s and IRAs divided in a Texas divorce?

Property acquired during a marriage is considered community property, which means it is divided “just and right” in Texas. Retirement accounts like 401(k)s and IRAs are typically considered community property and, as such, divided just the same as other assets in a divorce. However, there are various rules and considerations around retirement accounts. Our lawyers at Sralla Family Law PLLC can discuss your property division options regarding retirement accounts.

What factors do courts consider when deciding on property division in a divorce?

Property division is a complex process because of all of the factors that are considered to help ensure assets are divided fairly. Some of the factors the courts will consider include:

• Age differences
• Child custody
• Tax consideration
• Attorney fees
• Reimbursement claims
• Inheritance
• Size of the marital estate
• Health of spouses
• Earning capacity
• Fault for the breakdown of the marriage

When you work with our attorneys, we can review your property and develop a strategy to help ensure that the division process is resolved favorably.

What is the process for dividing debts acquired during the marriage in San Antonio?

Debt is as much a part of the division process as marital property. It is necessary to compile a list of debts and determine which were acquired during the marriage. The division of debt also takes into consideration earning capacity, family expenses, financial contributions and other factors when deciding how to fairly divide it. Generally speaking, absent extenuating circumstances, Courts tend to divide debts evenly between the spouses.

What should I do if I believe my separate property has been commingled with community property?

If you believe some assets are part community property and part separate property, then it can create some complications when deciding who gets to keep what. There are several options at your disposal when negotiating the division of commingled property. Comingling can sometimes render your separate property part of the community estate. Our lawyers can discuss what options you have so that you can keep your property.

Schedule A Consultation About Property Division

When you need strategic representation from a divorce lawyer, choose Sralla Family Law PLLC. Call Kevin “Buck” Sralla, an experienced family law attorney, at (210) 212-5656(210) 212-5656 for a free 20-minute consultation. You can also reach us online by using our online contact form.