Understanding Property Division in Texas

When going through a divorce, dividing property can be one of the most complex and contentious aspects of the process. At The Law Offices of David C. Hardaway, we understand the emotional and financial stakes involved in property division. Our experienced family law attorneys in San Marcos are here to guide you through every step, ensuring that your rights and interests are protected.

Texas is a community property state, which means that most property acquired during the marriage is considered jointly owned by both spouses and is subject to division upon divorce. However, not all property is treated the same. Understanding the distinction between community and separate property is crucial:

• Community Property: Generally includes income, real estate, retirement accounts, and other assets acquired during the marriage, regardless of whose name is on the title.
• Separate Property: Includes assets owned by either spouse before the marriage, gifts, inheritances, and certain personal injury settlements.

Looking to file for divorce? Call The Law Offices of David C. Hardaway today at (512) 846-9966 or contact us online to schedule a consultation with our divorce lawyers in San Marcos. Se habla español.

Equitable Distribution

While Texas law starts with the presumption that community property should be divided equally, the court may deviate from a 50/50 split based on several factors, including:

• The length of the marriage
• The earning capacity and financial needs of each spouse
• The contributions of each spouse to the marriage, including homemaking and child-rearing
• Fault in the breakup of the marriage (e.g., adultery, cruelty)
• The health and age of each spouse

Our attorneys will work to ensure that the division of property is fair and reflects your contributions and future needs.

Complex Property Division Issues

Property division can become especially complicated when dealing with high-value assets, business interests, retirement accounts, and debts. The Law Offices of David C. Hardaway has extensive experience handling complex property division cases involving:

• Real Estate: Including the marital home, rental properties, and vacation homes.
• Businesses: Valuing and dividing family-owned businesses or professional practices.
• Retirement Accounts: Ensuring proper division of pensions, 401(k)s, and IRAs, often requiring Qualified Domestic Relations Orders (QDROs).
• Debts: Determining responsibility for mortgages, credit card debts, and other liabilities.

Protecting Your Financial Future

At The Law Offices of David C. Hardaway, we know how important it is to secure your financial future during and after divorce. Our San Marcos-based legal team is dedicated to providing personalized attention and strategic advice tailored to your unique situation. Whether through negotiation, mediation, or litigation, we will advocate for your best interests.

Why Choose Us?

• Experienced Representation: Our attorneys have years of experience in Texas family law, specifically in property division cases.
• Personalized Service: We take the time to understand your specific needs and goals, offering solutions that are right for you.
• Proven Track Record: We have successfully handled numerous property division cases, from straightforward to highly complex.

Contact Us for a Consultation

If you are facing a divorce and need assistance with property division, The Law Offices of David C. Hardaway in San Marcos is here to help. Contact us today to schedule a confidential consultation. Let us help you protect your assets and secure a fair division of property.

Looking to file for divorce? Call The Law Offices of David C. Hardaway today at (512) 846-9966 or contact us online to schedule a consultation with our divorce lawyers in San Marcos. Se habla español.