Property division can be one of the most difficult issues to resolve between individuals in a divorce. If you’ve in the middle of a complicated divorce, you probably have a lot of questions about property and asset division: Who will get the house? What about my personal belongings? Will I get my fair share of our money and assets? These are legitimate questions, and our Austin divorce lawyers can help you find the answers.
There are two basic types of property division in the United States – community property and equitable distribution. Each state has different laws that determine a) whether it is a community property or equitable distribution state, and b) the specific ways that property will be divided during a divorce. Texas is a community property state. This means that, at the beginning of the divorce, the court will assume that all of your property belongs to both spouses.
However, you can demonstrate that certain property belongs solely to you. Legally, any property that you acquired before marriage is yours, not your husband/wife’s. In order to claim property as you own, you must be able to demonstrate that you acquired it before you were married. Any other property will be considered community property and is subject to division between you and your spouse. If you want to make sure that your property is divided fairly, contact Menduni Martindill, PLLC today.
Understanding Community Property
According to Texas law, any property that you or your spouse acquired in the duration of you marriage is “community property.” Property that you or your spouse acquired before you were married is considered “separate property.” This distinction is important because it allows some of your property and belonging to be exempt from the division process. For example, a vehicle that you purchased shortly before your wedding is considered separate property. If your spouse purchased a vehicle the week after your wedding, it is subject to community property division.
Texas law also operates under the “just and right” rule. This means that your property will be divided in a way that the court considers fair. While a 50/50 division may be ideal for some families, the judge is not obligated to split your assets evenly. For instance, the judge may consider it “just and right” to give more assets to the parent who is primarily responsible for your children after the divorce. Additionally, the judge may see fit to give more money to a spouse with a limited earning potential. In some cases, the educational background of each spouse affects the outcome of the property division ruling.
How can an Austin Divorce lawyer help you?
Property division is complicated. That’s why our team of legal professionals is committed to helping people like you get the money, assets and property they deserve. During the divorce process, emotions can make it difficult for spouses to negotiate rationally. With a skilled lawyer on your side, you can have peace of mind that a knowledgeable professional is looking out for your best interest. At the firm, your wellbeing is our primary concern – let us put our expertise to work for your case today.
Menduni Martindill is a law firm in Austin, Texas that offers clients the legal assistance they need, when they need it the most. If you’re facing a divorce, contact our team to have BBB® recognized law firm fighting for you. Our attorneys have been recognized by Super Lawyers®, and one of our lawyers is Board Certified® in family law by the Texas Board of Legal Specialization. To see what our skilled and compassionate legal representatives can do for you, contact our Austin divorce attorneys today!