Property Division

Property Division Lawyer in San Antonio

Comprehensive Legal Guidance for Property Division Matters

If you are going through a San Antonio divorce, you are most likely concerned about property division issues and how they will impact your financial interests. No matter what side of the issue your case may fall on, property division matters can quickly become overly complex and challenging to navigate without legal guidance. For example, if you are an entrepreneur, you will need to protect your business interests and intellectual property from being unfairly divided in a divorce settlement.

Bergmann Law Firm, PLLC, is a San Antonio law firm committed to helping clients navigate the complexities of Texas law to achieve a fair property division settlement. Contact our law office today to schedule a free initial consultation to learn more about our legal services and how we can help.

What is the Difference Between Separate and Community Property in Texas?

Dividing property often becomes one of the most disputed issues in Texas divorces. Texas has strict laws that stipulate the difference between separate and community property. Nevertheless, problems often arise when separate assets, such as an inheritance, are commingled with community funds. Regardless of your circumstances, it is always best to hire a property division lawyer who advocates for your financial well-being.

Separate Property

Texas is a community property state, so it is essential to understand what constitutes separate or marital assets. Assets acquired before the marriage occurred are generally considered separate property and are not divided in a divorce. Common examples of separate property include:

  • Assets acquired by a spouse before marriage
  • Inheritance
  • Any gifts received from another person, including a spouse
  • Separate property exchanged for other separate property

Community Property

Community property, or marital property, is divided in the divorce process. Assets and property acquired during the marriage are typically considered community property and include:

  • Wages earned by either spouse during the time of the marriage
  • Any property bought with marital funds
  • Debt acquired during the marriage

Retirement accounts can also be considered marital property if funds were contributed during the marriage, even if the account was established before the marriage. The same rule also holds for business interests.

What Factors Do Texas Courts Consider in Property Division Cases?

Texas judges aim for a “just and right” settlement for each spouse when dividing community property. Even so, this equitable distribution of assets does not necessarily mean that property will be divided in a 50/50 split. Instead, the court seeks to ensure that property is divided fairly.

Some of the key factors that affect property division include:

  • The length of the marriage
  • Each spouse’s earning capacity and financial resources
  • Each spouse’s age, along with their physical and mental health
  • Custody arrangements and child support obligations
  • Any claims of adultery, fraud, or cruelty on the part of either spouse
  • The value of each spouse’s separate property
  • Waste or fraud on the part of either spouse when using community property funds

One of the most common questions many clients ask is who will be awarded the marital home during the property division process. In Texas, the primary conservator, the parent the child lives with most of the time, will generally be the one to receive the house.

What Steps Should I Take if I Believe My Spouse is Trying to Hide Assets?

Unfortunately, often one spouse may try to hide assets to prevent them from being included in the marital estate. If you believe that your spouse is trying to hide assets, there are several steps you must take immediately to protect your financial interests. Your first step should be to hire an experienced San Antonio divorce lawyer immediately. Your lawyer can provide legal guidance and ensure that you take the necessary steps to secure your financial well-being.

A knowledgeable divorce lawyer can utilize a forensic accountant or other financial experts to find hidden or other valuable assets. Your lawyer can also issue subpoenas to review financial records or request sworn financial disclosures from your spouse.

Some of the other steps you should take to make the process easier include:

  • Gather all financial records, such as bank statements, property deeds, investment records, and tax returns.
  • Watch for suspicious or unusual financial activity, such as large cash withdrawals, new debts or spending habits, unexplained “gifts” to family or friends, or secret accounts.
  • Keep a detailed log of any suspicious financial activity, being sure to note dates, times, and amounts.

Why is it Critical to Have Legal Representation When Dealing With Property Division Matters?

Property division matters can quickly become complex legal matters as both sides seek a settlement in their best interests. The best way to ensure that there is a fair division of assets is to hire a skilled San Antonio divorce attorney to represent you.

An experienced lawyer will work to protect your financial future and ensure that your assets are divided in a just and fair manner. For example, your lawyer can ensure there is an accurate valuation of all marital property, including business assets. In other instances, marital debts may also pose a significant problem that requires the help of a legal professional who understands the state’s complex laws.

Regardless of whether it is separate or community property, you must have a lawyer who will act as your personal advocate and represent you in court. Your lawyer will also ensure that all paperwork meets critical deadlines to avoid delays that could unnecessarily prolong your case.

Contact Bergmann Law Firm, PLLC, Today So We Can Help You Receive a Fair Settlement

Bergmann Law Firm, PLLC proudly serves the residents of San Antonio and Bexar County and is passionate about helping clients protect their financial future. Our property division lawyer and legal team recognize that going through a divorce is challenging and are committed to helping when you need it most.

Contact our San Antonio law office today at 210-759-4336 to schedule a free consultation and explore your legal options.