Denton Property Division Lawyer
If you are facing property division questions in your divorce, contact Alexander & Associates for help. Divorce is emotionally taxing. Big changes are occurring for you and your family as you and your partner make a decision to be apart. Many of the decisions made and the questions posed in this stressful time are about property. Who gets what? What counts as the property of one partner? What counts as property shared by both partners? What documentation is needed to establish one partner’s ownership of something? Is debt property?
Karen Alexander is an experienced divorce attorney in Denton, Texas who is dedicated to answering your questions, solving your problems, and most importantly, advocating for your interests during your divorce. It is essential to have a skilled professional on your side to help you navigate the divorce process, including the division of your property. If you or someone you know is getting a divorce, get legal representation from Alexander & Associates. Call (972) 420-6560 to discuss your case and learn more about how we can help.
Why Do I Need a Lawyer?
Divorce property laws in Texas are complex, and the division of spousal property is heavily based on circumstances unique to the separating couple. Not only is an experienced lawyer the key to a successful and smooth separation from your spouse, but also to ensuring that the division of property is fair to you. Divorce is a large and lasting change. Hiring a professional who is comfortable going to bat for you in the courtroom is the only way to be sure that your property, your interests, and your time are being respected and protected.
Why Alexander & Associates?
Karen Alexander is a skilled lawyer with 17 years of experience. She and her team at Alexander & Associates understand that divorce is one of the most stressful times for you, your spouse, and your family, and therefore they use their experience to make the separation as smooth as possible. No doubt you and your spouse have accumulated property together during your marriage. The division of this property is a formidable task, and, if not handled professionally, could easily be divided unfairly. It is essential that property division is handled such that your possessions remain yours. The associates at Karen Alexander & Associates are dedicated to protecting you, your possessions, and your valuable time. They will work efficiently and effectively for you.
How Is Property Divided During Divorce in Texas?
Texas is a “community property state.” This means that all property, including salaries and debts, obtained by either spouse during a marriage is considered to be equally owned by both spouses. Therefore, upon divorce, the property, salaries, and debts are divided equally between the spouses. However, there are exceptions to this. Property can be deemed “separate” and be allocated wholly to one spouse.
Community Property is any property that is considered to be shared equally by the spouses. There is no evidence to prove that community property is solely one spouse’s or another’s. The family home, incomes, and anything you purchased during the marriage, even if it only has one name on it, could all be considered community property.
Separate Property is any property considered to be solely under the ownership of one spouse. This property is obtained prior to marriage, or during marriage through gift or descent. This property is not divided and, once allocated to the proper owner, cannot be awarded to the other spouse. Examples of separate property include damages awarded from a personal injury settlement, or an inheritance from a relative.
Although all property is assumed to be community property in Texas, there are reasons why property would be divided unequally. For example, a large disparity in the earning capacities of the spouses could be grounds to make an exception to the community division of property. With proper documentation, items can be deemed separate property.
It is absolutely essential to have a professional attorney to represent your interests when dividing marital property. They can ensure that you keep your personal property after your divorce, and that the community property is divided in the best way for you.
Frequently Asked Questions
What is the “date of separation,” and is it important in dividing property during divorce?
The “date of separation” is acknowledged as the time at which a significant change happens within a couple, leading to divorce. This date is often an emotional turning point, or the date one spouse moves out of the family home. The date of separation is key to determining the value of certain assets, such as pensions and investments, that are then separated in fairness.
How do you establish a partner’s separate ownership of an item?
Individual or separate ownership is most often established with documentation or convincing evidence. One receipt or bank statement is rarely enough for proof. A lawyer will be able to tell you exactly what evidence will be required for each piece of separate property.
Are debts considered property? If so, how are they divided?
Debts are considered property. They are, like other property, assumed to be community property, unless proven otherwise by the unique circumstances of the divorcing couple. Debts can be deemed separate property of one spouse. The skilled lawyers of Alexander & Associates are attentive to your unique circumstances and will ensure that both assets and debts are distributed fairly.
The process of divorce is overwhelming. Hundreds of decisions are made during a stressful period that will impact your way of life for years to come. During this time it is vital to have a professional in your corner to answer your questions. A skilled lawyer can guide you through one of the most difficult periods in life.
The legal team at Alexander & Associates will work effectively to ensure that your property is divided in fairness to you. They will also work efficiently so you can spend time on what is most important: your family and your new beginning. The circumstances of every separation are unique, and the divorce professionals at Alexander & Associates will pay special attention to your needs, your rights, and your rightful property to ensure that you are treated with fairness in the courtroom. Divorce is difficult, but having a team of professionals to support you is as easy as picking up the phone. If you or someone you know is getting a divorce, call Alexander & Associates today at (972) 420-6560.