San Antonio Property Division Attorneys
For many people, property division is one of the most confusing aspects of divorce. Although Texas state law lays out the guidelines for dividing property, applying those guidelines is not always easy. If you are facing divorce and have questions about how to split your assets, you need a knowledgeable, caring attorney to explain the process.
At Reuter Law Group, PC, our experienced San Antonio family law attorneys can walk you through your options. We have worked with divorce clients in Bexar County and throughout Texas who need help dividing their assets. Our goal is to protect your financial rights throughout the process.
What Is Considered Community Property?
Texas is a community property state, which means that anything acquired during your marriage is subject to division. That does not mean, however, that everything will be split 50-50. If you and your spouse cannot reach an agreement outside of court, a judge will decide what they think is fair and equal between both parties, and may include spousal maintenance, also known as alimony. Most property that you acquired before your marriage is known as separate property. In general, your spouse does not have any rights to your separate property, but the law does allow a few exceptions and plenty of confusing gray areas.
For example, perhaps you bought your house before you met your partner. You married, they moved in and stayed there throughout the duration of your relationship. They may feel entitled to a portion of the property. Perhaps you renovated the house together and used their money, or perhaps they started pitching in on the mortgage payment after they moved in. Who gets it then? This is where we can step in. We can help you negotiate a fair division of property and advocate for your best interest.
Factors That May Affect Property Division
How the laws affect your assets during divorce will depend on many factors. A few examples include:
- Each party’s earning ability
- Business opportunities
- Each party’s separate assets
- Child custody and child support arrangements
Your situation may be more complicated than most if you own a business, have a high net worth estate or a complex debt or tax situation.
Frequently Asked Questions About Property Division In Texas Divorce
Property division is rarely as simple as splitting everything in half. Below are answers to some of the questions we frequently receive from clients in San Antonio and throughout Bexar County who want to better understand their rights during a divorce.
What happens to the family home during a Texas divorce?
The family home in Texas divorce proceedings is often one of the most valuable and emotionally significant assets. Whether the home is considered community or separate property depends on when it was acquired and how it was maintained during the marriage. If both spouses cannot agree, the court will decide how to handle the property as part of the overall Texas divorce property settlement. In many cases, one spouse keeps the home, the property is sold and the proceeds are divided or one spouse receives other assets to offset the home’s value.
Are retirement accounts and pensions considered marital property?
In many divorces, retirement savings represent a substantial portion of the marital estate. Contributions made during the marriage are generally subject to division, while amounts earned before the marriage may remain separate property. Some retirement plans require additional court orders before funds can be divided. Proper valuation and documentation are important to protect both parties’ long-term financial interests.
Who is responsible for credit card debt and other marital debts after divorce?
Property division includes both assets and liabilities. Marital debt division in Texas may involve credit card balances, mortgages, vehicle loans and other financial obligations accumulated during the marriage. Courts consider several factors when determining how debt should be allocated between the spouses. Even when a divorce decree assigns responsibility to one party, creditors may still pursue either spouse if both names remain on the account.
How long does the property division process typically take in a Texas divorce?
The property division timeline in Texas depends on the complexity of the marital estate and whether the parties can reach an agreement. Cases involving businesses, multiple properties or valuation disputes generally require more time than uncontested divorces. Negotiation or mediation may resolve property issues more efficiently, while litigation often extends the process. Beginning early and gathering complete financial information can help reduce unnecessary delays.
Call Our San Antonio Property Division Attorneys Today
We will always do whatever we can to resolve a dispute amicably. When that can’t be done, we will take the necessary steps to do what is in your best interest. To schedule a consultation, call our office in San Antonio at 210-761-6184 or fill out our contact form. Let us help you move on.