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Property Division Is Not As Simple As You Think

Graham Family Law > Divorce Lawyers in San Antonio Are Your Family’s Advocate > Property Division Is Not As Simple As You Think

Because Texas is a community property state, many people think that property will be divided in half. Unfortunately, property division is not quite that simple. The law calls for a just and right division of property, and that does not always mean equal. Furthermore, there is the issue of separate property versus marital property. Matters become even more complex when business interests, investment accounts and other unique assets are involved.

At Jamie Graham Associates, PLLC, in San Antonio, our attorneys are committed to protecting your property interests during divorce. We will use our 30 years of combined experience to safeguard the property that is important to you and pursue a division of property that is favorable to you.

HOW PROPERTY IS DIVIDED IN TEXAS

While a 50-50 division of property is generally the starting point and indeed the end result in many cases, a multitude of factors could tip the balance. These factors include fault in the breakup of the marriage, health, age, education, present earnings and earning capacity and children. For example, if one spouse will have physical custody of the children, that may impact what is done with the family home. If one spouse is able to earn a better income than the other spouse, that may also shift the balance in property division.

Debt can also significantly influence the way marital assets are awarded in your divorce. It is not uncommon for bankruptcy issues to arise amid a divorce proceeding.

Our role is to carefully review the situation and make certain no factor is overlooked to ensure that the division of your marital property is favorable to you.

SEPARATE PROPERTY VERSUS MARITAL PROPERTY

The law presumes that all property is marital property (also referred to as community property) and is therefore subject to division in your divorce proceeding. Marital property includes all property obtained during your marriage, including your paychecks, real estate, cars, royalties, retirement plans, life insurance, investment accounts, businesses and even your family pets.

Separate property includes any property obtained prior to marriage, as well as property acquired during marriage in the form of a gift or inheritance. You have the burden to prove that something is your separate property. This is important, because separate property is not subject to division in your divorce.

Identifying separate property can be particularly challenging when separate and community property have become commingled. An example of commingling of assets is a home purchased prior to the marriage, but paid off during the marriage. Our attorneys have ample experience tracing and proving separate property assets and dealing with reimbursement claims.

CONSULTATION ABOUT DIVISION OF ASSETS

Call 210-308-6448 to talk to our experienced lawyers about getting a fair division of property during the divorce process.

Testimonials

Alex Watson

Alex Watson highly recommends Graham Family Law.  Alex Watson stated:  "Couldn't be more pleased with my experience with Graham Family Law. Cody Graham was so helpful and empathetic during a very tough time in my life. I have referred a few friends and…

John from Google

John from Google stated: "Cody took control of the negative situation I was dealing with and helped me though the entire process. Wasn't the happiest thing to deal with but he made it as straightforward and painless as possible. Would recommend Graham Family…

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Ali from Google said "I had the good fortune of having Rob Biggers on my side when I went thru my divorce and custody arrangement. Rob was great at preparing me for speaking in court. He highlighted the important details, was quick to…

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I highly recommend Rob Biggers - he worked tirelessly on my custody case and went the extra mile when it came to any unforseen issues. He knows the law and has integrity; that's something I didn't find in other attorneys. He answered all…

Ebony Harris

Rob Biggers is amazing, intelligent, knows the law like the back of his hand, and will fight for you!!He worked on my case, explained my options and offered everything he possibly could in order for me to get what I needed. Money was…

Linet Shields

Tracy and Lisa make an Awesome Team! They handled everything in a professional and caring manner. Tracy always made me see the positive side of things. She listened to me, and answered all the questions I had, which helped me to remain calm…

Erika Slayton

Tracy and Lisa were an amazing team. They helped me with my case quickly and did not waste time or money. Tracy gave me great advice and took time with me to explain my situation and options. Lisa is very efficient and super…

Mario Gonzales

I hired Mr. Rob Biggers early 2023 for a custody battle. I believe he did all he had to do with my case and had an outstanding outcome. Communication was great and timely mannered. Would receive courteous calls before court to inform me…

tamara rutledge

Recommend this law group as a woman leaving a difficult marriage who needed protection right away. Jamie Graham has listened to all my fears and needs and responded right away with assurance, empathy, and resolve. Rob Biggers took my case on mid way…

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I am extremely pleased with the Jamie Graham and Associates team, especially Crystal Bannin. Her professionalism, attention to detail, communication, and empathy in and out of the courtroom have my highest recommendation to anyone in need of or looking for an attorney. During…

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Going through a life changing event such as a divorce is never easy, especially when you are at odds with your soon to be ex. Rob Biggers and Lisa Salinas not only made this trying time less stressful, they made it look like…

Mariah Garten

I have been a client of Crystal Bannin for over 10 years. She is nothing but professional. From divorce to child custody she is very proficient in her work and made herself available with any question or concern I may have had about…

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