Helping You Find Practical Solutions In Divorce And Co-Parenting

Comprehensive Property Division Guidance In Your Divorce

Property division involves allocating assets and debts between spouses during a divorce. This process can be complex in Texas, requiring a clear understanding of what constitutes marital and separate property. The goal is to divide assets fairly and justly, reflecting both parties’ contributions. Property division is a crucial aspect of divorce proceedings, especially when ensuring a fair distribution of assets.

At the Law Office of Matt Sossi, we guide you through the complexities of property division, helping you understand your rights and achieve a fair outcome. Our family law attorney will review the details of your unique divorce to understand what assets qualify as separate property and marital property and ensure that only the qualifying assets are subject to the division process.

Understanding Marital Property And Separate Property

In Texas, only assets gained during a marriage are subject to the asset division process, known as “marital property.” Marital property includes the family home, joint bank accounts, retirement accounts and pensions accumulated during the marriage, vehicles purchased during the marriage, and business interests developed.

Separate property, alternatively, qualifies as the possessions someone had before they were married or what they received individually during the marriage through inheritance or gifts. Examples of these assets include properties earned before marriage, inheritance received during marriage, and even personal injury compensation earned during a marriage.

In some situations, an asset can qualify as marital and separate property. One common example of this asset is a retirement account, where the assets accrued before marriage belong to the spouse, but the assets earned during the marriage belong to both spouses.

Securing The Assets That Belong To You

When it comes time to divide the marital assets in your divorce, it is important to know what to expect from the divorce process. Texas courtrooms use the “equitable distribution process,” which aims to split the assets in a marriage in a way that is fair for both parties, even if this is not a 50/50 split. Courtrooms consider factors including the length of the marriage, the income and earning capacity of each spouse, the health and age of each spouse, the contributions of each spouse to the marriage (including homemaking and child care), and any fault or misconduct that led to the divorce. As your legal representation, our lawyer can present the facts of your case to ensure a judge has the information they need to make a fair decision.

Keep Your Fair Share With Our Help

We know how the outcome of a divorce can impact your future, and we want to help you secure the outcome you deserve in your divorce. Contact our San Antonio office at 210-686-6193 or email us here to schedule your initial consultation today.