Property Division Lawyer in Austin

Guiding Divorcing Couples in Travis and Williamson Counties, and Throughout TX

Dividing property during a divorce may seem as if it would be one of the more straightforward elements of the separation. However, valuing everything from pension plans to the family home to the costs associated with obtaining a degree can become complicated and rife with disputes. An experienced Austin property division attorney can help you determine which property is subject to Texas community property laws and how to best protect your rights.

What is the Difference Between Separate Vs. Community Property in TX?

Texas marital property laws hinge on the concept of community property, meaning that all property or income shared by a couple is divided equitably upon divorce. Keep in mind, “equitable” does not mean “equal”—it simply means a division the court believes to be appropriate under the circumstances and in consideration of many factors. Unless a prenuptial or some other agreement is involved, all possessions acquired during a marriage are subject to this division. However, there are some exceptions that fall into the category of separate property.

Common examples of separate property include:

  • Gifts
  • Family heirlooms or inheritance
  • Belongings from before marriage
  • Personal injury awards (other than lost wages)

How is Property Divided in TX?

The court can either divide the property equally or give one party a disproportionate share. This decision is based on many factors, including the income or income potential of both parties, the custody arrangement, the separate property involved, and the size of the community estate.

The three main steps in property division are:

  • Determining which property is community and which is separate
  • Calculating the value of the community property
  • Deciding how to divide the community property

Importance of Experienced Legal Representation in Property Division

Because the majority of people don’t anticipate divorce, it can be challenging to sort which property is owned by the community and which is separate. Our team of Austin property division attorneys has been helping countless individuals and families reach reasonable and equitable division of both large and small estates. Additionally, we have handled many cases involving unusual property, including small, private businesses in which determining value can be a challenge.

To learn more about how our property division attorneys can help you, contact our firm today at (512) 668-7133. We are located in Austin and serve Travis and Williamson counties, and surrounding areas.

What Sets Our Firm Apart?

Safeguarding the Best Interests of You & Your Family

Contact Our Firm

Our experienced attorneys can help during this challenging time.
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