Burleson Property Division Attorney

Serving Johnson County & Greater Fort Worth

When a couple chooses to end their marriage, the property that they have collected while together must be fairly distributed between both parties.  At Coontz Cochran, our Burleson property division lawyer can help you protect your interests.

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Is Texas a Community Property State?

Yes. Any finances, assets, or property that were obtained while the couple was married will be considered community property and distributed in a manner that the courts deem appropriate. In most cases, the only pieces of your shared estate that will not be readily divided are gifts.

Community property states typically divide the assets and property equally. States that utilize community property division are often referred to as 50/50 states. However, in Texas, this does not mean that the property is truly split 50/50, but rather is up to the discretion of the court.

Key Factors in Property Division

Several factors play a critical role in how property is divided during a divorce in Texas:

• Length of Marriage: The duration of the marriage is often considered when dividing property. Longer marriages may lead to a more equal division of assets, as both spouses may have contributed to the accumulation of wealth over time.
• Contributions to the Marriage: Contributions can include not only financial input but also non-monetary contributions, such as raising children and maintaining the household. 
• Financial Needs and Resources: Each spouse’s financial circumstances are taken into account. If one spouse has a significantly lower income or fewer assets, the court may award them a larger share of the community property to ensure financial stability post-divorce.
• Custodial Arrangements: If children are involved, the custodial parent may receive additional assets to provide stability for the children. This can include the family home or other resources that contribute to the children's welfare.
• Debts and Liabilities: Property division also encompasses the allocation of debts. Any joint debts incurred during the marriage will be divided, and each spouse may be responsible for their share.

With extensive knowledge of Texas property laws, our Burleston property division attorney has the expertise to navigate complex asset and debt divisions, ensuring your rights are upheld.

Schedule a free consultation with our experienced Burleson property division attorney now. Call us at (888) 858-0536 or fill out our online form!

Types of Property Considered

Understanding what constitutes community property versus separate property is crucial in a divorce.

Community property includes:

• Real Estate: Homes, rental properties, and any land acquired during the marriage.
• Vehicles: Cars, boats, and other vehicles purchased during the marriage.
• Bank Accounts: Joint and individual accounts that contain funds accumulated during the marriage.
• Retirement Accounts: Pensions, 401(k)s, and other retirement savings that have accrued during the marriage.
• Personal Property: Furniture, art, jewelry, and other personal items acquired during the marriage.

Separate property includes:

• Pre-Marital Assets: Property owned by either spouse before the marriage.
• Inheritance and Gifts: Assets received by one spouse as a gift or inheritance during the marriage, provided they are not commingled with community property.

Strategies for Protecting Your Interests

There are several strategies you can implement to protect your interests during property division:

• Keep Detailed Records: Document all assets and debts, including their values and the dates acquired. This information can be crucial in establishing what is community property versus separate property.
• Avoid Commingling Assets: Be cautious about mixing separate property with community property, as this can complicate the division process. Keep assets distinct when possible.
• Seek Professional Valuations: For complex assets, such as businesses or real estate, consider hiring professionals to appraise their value accurately. This can ensure that you receive a fair share in the division process.
• Stay Focused on Long-Term Goals: While it can be tempting to pursue certain assets out of emotional attachment, focusing on your long-term financial stability is essential. Our Burleston property division lawyer can help you assess what assets will best serve your future.

Get Legal Representation from Our Burleson Law Firm

Distributing property can feel like a frantic land grab in even the most civil uncontested divorces. Trying to keep track of what was yours and yours alone can be extremely difficult without proper records and evidence.

Common Assets That Are Unfairly Split Due to Improper Litigation & Miscommunication Include:

• Real estate rights
• Family vehicles
• Control of a business
• Undocumented family heirlooms

When you are settling matters of property distribution, ensure that you and your lawyer have carefully reviewed any prenuptial or postnuptial agreements. Conditions could swing heavily in your favor when these documents are brought to the attention of the court.

Protect Your Assets & Your Future

In order to ensure that you receive a fair settlement and do not lose any of your rightful property, you should retain a capable Burleson property division lawyer as soon as possible. Our professional staff can help you resolve your divorce and family law matters, no matter the extent of your estate and regardless of the conflicts between you and your spouse.

We have been ensuring that our clients are treated fairly during divorce and property distribution procedures for more than 50 years. Your case deserves uninterrupted commitment and dependable experience.

Schedule your free consultation with a Burleson property division attorney from Coontz Cochran today by calling (888) 858-0536 or contacting our firm online.

Commonly Asked Questions

Can Separate Property Become Community Property?

Yes, if separate property is commingled with community property or if the separate property is treated as community property during the marriage, it may lose its separate status.

What If My Spouse is Hiding Assets?

If you suspect your spouse is hiding assets, it's crucial to gather evidence and consult a Burleson Property Division Attorney. They can help investigate the situation and ensure that all assets are disclosed during the divorce process.

Is My Retirement Account Subject to Division?

Yes, retirement accounts accumulated during the marriage are generally considered community property and will be divided. A Qualified Domestic Relations Order (QDRO) may be required to facilitate the division of retirement benefits.