Marital Property Division Lawyer in San Benito
Also Providing Skilled & Compassionate Service in Brownsville
Going through a divorce means not only separating yourself emotionally and legally from your spouse, but also dividing up your marital property, assets, and debts. These concepts can get complicated, especially in high net-worth cases or where family businesses, professional practices, or complicated retirement or pension issues exist.
Gustavo D. Elizondo III, Attorney at Law offers seasoned legal service and strong advocacy for your property division concerns. We are thoroughly familiar with Texas law in this matter and with how the local courts operate to resolve disputes.
Is Texas a Community Property State?
Texas is a community property state. This means any property or assets acquired by you and your spouse during your marriage must be divided as equitably as possible, and equitable does not always translate into a 50-50 split.
What are Texas Law Regarding Marital Property
Courts can look at many factors in determining what they deem to be a fair and just if not always even distribution. If one spouse is unfairly disadvantaged in some way, the family court judge may make adjustments.
Factors that can influence how marital property and debt is distributed can include:
- Whether one spouse caused the breakdown of the marriage through fault, such as adultery, cruelty or violence, or other circumstances and the loss of financial benefits the other spouse may face due to the ending of the marriage
- The differences in earning capacity between the two spouses; in cases where one spouse has a significantly lower capacity for earning than the other, the court may award a higher percentage of property or assets
- The physical and mental health conditions of both spouses
- Whether one spouse squandered marital assets prior to the divorce leaving the other spouse with fewer financial resources
- The sizes of both the marital estate and the separate properties of the spouses; where one spouse has a significantly greater separate estate than the other this may play a role in how marital property is distributed
- Whether or not a valid prenuptial or post-marital agreement is in play
- Custody and support of children
- Where spousal support (alimony) is in play
- Tax considerations involved in the issue
Understanding how all the various factors can affect your property and debt division can be confusing and complicated. At Gustavo D. Elizondo, III Attorney at Law, our San Benito property division attorney can help you understand the particulars of your situation and work to ensure that your best interests are served in any negotiations or court hearings. We understand how important this issue can be to your future financial security and that of your family as you move forward.