San Antonio Property Division Attorneys
Going through a divorce is usually very stressful. One of the most difficult but important aspects of a divorce is the division of property and assets. Property division cases can range from simply deciding who gets to keep a home to the complicated task of divvying up pensions, stocks, family heirlooms, and much more. Texas is a “community property” state; that means under Texas law, any assets acquired by either party during a marriage are shared property and must be divided during a divorce settlement. However, any individual possessions or properties that a person owned before marriage are “separate property” and are not up for distribution during a divorce. Any property that an individual inherits during a marriage is not legally a shared asset between the couple either.
Determining whether something is regarded as “community” or “separate” property is essential to a smooth divorce. Naturally, it can be tricky to determine which assets should belong to which person, but luckily, you do not have to go through this process alone. The attorneys at Higdon, Hardy & Zuflacht, L.L.P. are here to help you and have many years of experience in handling divorce and property division cases.
Types of Cases We Handle
Several types of assets and properties can go into a divorce settlement. At Higdon, Hardy & Zuflacht, L.L.P., we are prepared to defend and protect your rights in property division cases, including:
Losing valuable assets in the property division portion of a divorce settlement is devastating. Divorces are difficult, but having to lower your quality of life due to lost assets can be even harder. To ensure you do not lose out on deserved properties, contact a lawyer right away to protect you in your property division case.
Frequently Asked Questions
It’s important to note that the advice given on this page can never match the advice an attorney can give you in a face-to-face consultation. However, for your convenience, we’ve provided a few common questions we hear about property division. If your question isn’t answered here, contact us at (210) 349-9933 to set up an appointment today.
How is property division determined?
To begin, it’s important that it’s clear that both assets and debts fall under your dividable property. However, only debts and assets that have both your’s and your ex’s names will be considered “marital property”, or the property that’s up for debate in a property division case. Property acquired before the marriage, items given as gifts, inheritance, and property acquired in a select few other ways will belong to only one spouse.
When it comes to the actual division of property, Texas is one of the minority of states that’s a community property state. What this means is that every debt or asset that has both spouses’ names on it will be split evenly. If a dollar amount could be assigned to everything you own together or owe together, then that number will be split down the middle. On high-value assets, such as a house, there will be further consideration. Following the house example, if one spouse has custody of the children, they may be more likely to also get the house.
What are the consequences if it’s found that assets were hidden or debts were overstated during divorce proceedings?
This practice is illegal and the attorneys at Higdon, Hardy & Zuflacht, L.L.P. will aggressively pursue action if it is discovered that your ex is concealing assets in order to prevent you from getting what you are owed. In some cases, a person who attempts to conceal assets may be forced to compensate their ex for the full amount of court and attorney fees. If the assets are particularly large or the debt exceedingly overstated, then the offending party may even face criminal charges. If you believe your spouse is trying to force you to pay an unfair share of nonexistent debts or you’re missing out on assets that need to be considered during your divorce proceedings, we will work hard to make sure that you get what you are rightfully owed.
Why should I hire Higdon, Hardy & Zuflacht, L.L.P.?
Each and every one of our partners can say they’re certified by the by the Texas Board of Legal Specialization for Family Law. We have three principles that make up the cornerstone of our practice, and we bring them to each and every client: hard work, attention to detail, and outstanding service to our clients. We’ve handled it all, from simply mediating low-asset, uncontested divorces to highly contested splits fighting over high-value assets. We are dedicated to speed and efficiency, hoping to give each and every one of our clients a meaningful interaction with any member of our staff that they meet. From the moment you hire us, your case becomes our highest priority.
Contact a San Antonio Attorney Today
Divorces are complicated. One of the most contentious areas of a divorce is property division. The process of deciding who gets which assets is a hot debate, leading to tension between the two parties. If you are going through a divorce and are worried about how your joint assets will be divided, the experienced lawyers at Higdon, Hardy & Zuflacht, L.L.P. are here to help you. Contact our offices at (210) 349-9933 and one of our lawyers will work diligently on your case, providing you with support and guidance throughout the divorce process.