San Antonio Property Division Lawyer
Experienced Support for Your Texas Divorce
When a marriage ends in divorce, there are difficult decisions to navigate, including how to divide your property and assets. Texas is a community property state, which means all property acquired during the marriage belong to both spouses and is subject to division. In contrast, each spouse can keep his/her separate property, or property acquired before the marriage. This can make dividing your assets and debts quite challenging, but an attorney can help ensure the details are properly handled.
At The Law Office of Derek S. Ritchie, PLLC, our experienced legal team understands the nuances of Texas community property laws and is committed to helping you achieve a fair property division agreement. We will work diligently to negotiate on your behalf, taking into account all relevant factors to reach an equitable resolution with your separating spouse.
Contact us today at (210) 702-2203 for your free initial consultation with a San Antonio property division lawyer who fights for your rights.
Understanding Property Division
What Are the Differences Between Community Property and Separate Property?
To understand how you and your spouse’s property will be divided during a divorce, you first need to understand the differences between community property and separate property. Texas law defines community property as all property either spouse acquired during their marriage – not including separate property.
Community property might include but is not limited to:
- Real estate
- Business
- Cars
- Retirement accounts
- Savings accounts
- House
- Vacation house
- Other items earned or purchased by either spouse during the marriage (art, furniture, boats, etc.)
It does not matter which spouse’s income was used to purchase this property and/or assets if the couple was married at the time.
Additionally, community debt, or debt you and your spouse collected during the marriage, is also subject to division between both parties. Texas law states that community property and debt should be divided in a manner that is just and right. As there are exceptions to these rules, it is advisable to consult with an experienced lawyer before you divorce.
Separate property may include but is not limited to the following:
- Inherited property (while married)
- Property received as a gift by one spouse
- Recoveries for personal injuries sustained by one spouse
Texas law presumes that all property is community property unless proven otherwise.
How Is Community Property Divided During a Divorce?
Texas courts divide community property in a way that is just and fair, which does not always equate to a 50/50 split. There are various factors the court can consider when dividing community property including but not limited to the following:
- Misconduct or fault in the dissolution of the marriage
- Each spouse’s health
- Disparity of earning power between the couple
- Each spouse’s education and income
- Which spouse has custody of the child(ren)
Are Employment Benefits Subject to Division?
If you obtained a pension, retirement account, or other employee benefits during your marriage, these benefits are considered community property and subject to division. When the court awards a portion of one spouse’s retirement benefits to the other, an attorney will prepare a Qualified Domestic Relations Order (QDRO) to send to his/her employer.
Like other community property assets, the court does not necessarily divide retirement and pension accounts equally between both spouses. It is up to the court’s discretion to determine what is appropriate and fair.
How Do the Courts Divide a Business in a Divorce?
A judge must also consider a business or professional practice when determining how to divide community property if the owner of the business developed this company during the marriage. This can prove complex as it is hard to determine the value of a business. You may need to hire a business appraiser, financial advisor, and/or accountant to figure out your business’s value.
How a Property Division Attorney Can Help You
Dividing property during a divorce can be one of the most contentious and complicated aspects of the process. The stakes are high, as the outcome will directly impact your financial stability and future. A skilled San Antonio property division attorney can provide the legal guidance and advocacy you need to ensure your interests are protected. Here’s how The Law Office of Derek S. Ritchie, PLLC can help:
- Thorough Evaluation of Assets and Debts: We will help identify, categorize, and evaluate all assets and liabilities, including real estate, businesses, vehicles, retirement accounts, savings, and more. This ensures that nothing of value is overlooked in the property division process.
- Tracing Separate Property: Texas law presumes all property acquired during the marriage is community property unless proven otherwise. We will work diligently to trace and substantiate claims of separate property, such as inheritances, gifts, or pre-marriage acquisitions, to protect your rightful ownership.
- Negotiation and Mediation: Our firm focuses on resolving disputes through negotiation and mediation whenever possible. This approach often results in faster, less stressful resolutions while ensuring an equitable division that works for you.
- Litigation When Necessary: If negotiations fail, we are prepared to represent your interests aggressively in court. We will present compelling evidence and arguments to advocate for a division of assets that reflects your contributions and needs.
- Protecting Your Future: Beyond the immediate division of property, we take a forward-looking approach to ensure you are positioned for financial stability. This includes handling complex assets like retirement accounts, pensions, and business interests with precision.
Call Today for Property Division Help You Can Rely On
Selecting the right attorney is crucial when facing a property division case. Here’s why our firm stands out as the trusted choice for clients in San Antonio:
- Experienced Legal Team: Our attorneys have extensive experience in handling complex property division cases. We understand the intricacies of Texas law and are committed to achieving the best outcome for you.
- Proven Track Record: Our team has a history of securing favorable outcomes for our clients in property division disputes. We are committed to achieving results that reflect your best interests.
- Protecting Your Rights: At our firm, protecting your rights is our top priority. We take the time to understand your unique circumstances and tailor our approach to safeguard your interests throughout the divorce process.
By choosing The Law Office of Derek S. Ritchie, PLLC, you are selecting a team that is dedicated to providing personalized service, strategic counsel, and unwavering support.
Contact us today to schedule your free initial consultation and take the first step toward a fair property division. You can reach us at (210) 702-2203.
Why Choose The Law Office of Derek S. Ritchie, PLLC?
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Work Directly With Your Attorneys
Derek and his team will work directly with you through every step of your case. It’s important to us that your case receives highly personalized attention. You instilled your trust in us and we will work to meet and exceed your expectations.
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We Fight to Win
We’re competitive by nature and have a versatile legal style. We always seek an amicable outcome among different parties. We’re also prepared and ready to take your case to trial.
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Complimentary Consultations
We strive to create an environment where you feel safe and protected. We recommend starting with a complimentary consultation to review your case together. Evening and weekend consultations are available by appointment only.