San Antonio Property Division Lawyer

Property division is important in virtually every divorce, and it can become complicated quickly. If you are facing a divorce, protecting your financial assets is key, and hiring a lawyer could simplify the process.

An experienced San Antonio property division lawyer at Kimbrough Legal, PLLC, is ready to help. Contact our firm to discuss your situation with our family law attorney and learn how we could assist you.

Community and Separate Property

In this state, both separate and community property must be addressed in a divorce. This is an important distinction when it comes to protecting your future finances. A San Antonio attorney with experience in marital property division could be beneficial in making sure the division is fair.

Community Property

Community property refers to all the property that either or both spouses acquired during a marriage. These assets make up your marital estate and must be divided in a manner that is just and right, according to Texas Family Code § 7.006.

Sometimes, community property is divided evenly in a divorce, but not always. Some factors guiding property division include:

• The length of the marriage
• The income and financial standing of each spouse
• The size of the marital estate and of each spouse’s separate estate
• Any fraud on the estate committed by either spouse, such as by hiding assets
• Whether fault played a role in the marriage’s failure, which can have an impact even in a no-fault case

There are exceptions to the rule when it comes to community property, such as gifts and inheritances (Texas Estates Code § 201.001) that either spouse received solely in their name. These would remain the separate property of the recipient.

Separate Property

Separate property refers to those assets that either spouse owned before the marriage and kept separate during the marriage. To claim separate assets, you must gather all the financial paperwork that demonstrates ownership prior to marriage. When community and separate assets become financially intertwined, which is not unusual during a marriage, proving separate ownership could become complicated.

Consider retirement accounts, which are often addressed in divorces. If you or your spouse owned the account before you married, the value at the time of the marriage belongs to that spouse alone. However, any increase in its value during the marriage will be addressed as community property. This applies to all separate assets that increased in value throughout the marriage.

How Can You Negotiate Terms Between Yourselves?

Most property division cases are resolved outside of court. This involves both spouses discussing the terms they are willing to agree to, which often requires considerable effort. A knowledgeable property division attorney in San Antonio could help in critical ways, including:

• Preparing your case for mediation if required
• Negotiating with your spouse’s legal counsel to find an acceptable compromise
• Guiding you through the challenging legal process while protecting your financial rights
• Gathering the evidence necessary to prove your separate ownership of specific assets or disprove any unfair claims of separate assets
• Defending your financial rights in court if your spouse refuses to negotiate fairly

Settling your case between yourselves with legal guidance is generally a more cost-effective and less time-consuming approach to divorce cases. However, if your spouse refuses to engage in reasonable negotiations, going to court may be advised.

Reach Out to an Experienced Asset Division Attorney in San Antonio Today

Our San Antonio property division lawyers at Kimbrough Legal, PLLC, have experience handling even the most challenging cases. The division of community property in a divorce is a complicated matter that deserves our trusted legal team’s diligent analysis. Your financial future is important. Contact our firm online or call us today to learn more.