Dallas Property Division Lawyers
Dividing Property in Texas Divorces
Typically, the attorneys at Hernandez & Baggett, PLLC find that the length and complexity of a divorce case is directly related to the amount of contested property issues between the parties. Does your divorce involve a house or piece of land? Automobiles or boats? 401K plans or pension plans? Insurance policies? Business properties? Or other intricate or specific property issues?
It is important that all of these items are properly considered and accounted for in the divorce process. Our Dallas property division attorneys believe it is important that you know and understand what your rights and options are with respect to every property issue.
Call Hernandez & Baggett, PLLC at (214) 855-7771 to discuss your divorce issues today.
Community vs. Separate Property
Property falls into two categories: community property and separate property. The term community property refers to all the assets and debts of both spouses that were accumulated during the marriage. This property makes up the community estate and must be divided by the Court in every divorce.
Generally speaking, separate property is:
- Any property that was owned or acquired by one spouse prior to the marriage
- Property that was obtained by one spouse by gift or inheritance
- Settlements for certain personal injuries sustained by one spouse
Everything that is not separate property is community property. However, it is important to note that there are still many important factors and decisions to be made even after a particular piece of property is deemed separate or community.
Determining What Is “Just & Right”
Another common question that the attorneys at Hernandez & Baggett, PLLC often hear from new clients is, “won’t the Court just split everything 50-50 anyway?” Maybe, but maybe not. The Court is charged with dividing the community estate in a "just and right" manner. While in many cases this may be 50-50, it does not have to be.
When making the determination as to what is "just and right" the Court can take into account many factors, including, but not limited to:
- The earning capacities of both spouses
- The separate property of one spouse
- Who will have primary custody of the children
- Who was at fault in the breakup of the marriage
Contact Hernandez & Baggett, PLLC
Issues involving property division in your Dallas divorce can be complicated. It is important you have an experienced lawyer on your side. Trust Hernandez & Baggett, PLLC to fight for your best interests. We aim to protect your hard-earned finances, accounts, real estate, personal property, and more.
Contact our firm to schedule your initial consultation.