Spring Property Division Lawyer

Property Division Attorney In Spring, TX

Aside from custody, property division is almost always the most contentious part of a divorce. Spouses typically argue about which assets should be considered marital property and which should be considered separate, and fairness is often a point of conflict. Turn to a Spring property division lawyer to help you properly value your and your spouse’s assets and negotiate a fair agreement.

The seasoned legal team at the Walke-Wilson Firm is here to give you the guidance and support you need throughout your divorce.

How Texas Courts Divide Marital Property

Texas courts aim to divide property in a divorce as fairly as possible. Oftentimes, this means marital property and debt are split 50/50, ensuring spouses get equal benefits and burdens. However, judges have some discretion to divide property unequally depending on the circumstances of the divorce and the situations of both spouses.

Marital Property vs. Separate Property

During asset division, it is essential to know which property is part of the marital estate and which is considered separate. Marital property is any assets or debts either or both spouses earned over the course of the marriage. Homes, vehicles, income, retirement accounts, and other assets often fall under the category of marital property.

Separate property includes assets or debts earned before marriage, through inheritance, and as gifts. However, commingling separate property with marital property may make it subject to division in Spring, TX. Work with your Spring property division attorney to gather documentation that proves which assets are separate and which are marital.

Hidden Assets and Financial Misconduct

Dividing property in a divorce is challenging enough on its own. But when one spouse hides assets, lies about their value, or tries to drain accounts, the process gets even more complicated. Hidden assets can include secret bank accounts, unreported income, and undisclosed investments. Finding hidden assets can be hard, often requiring close scrutiny of tax documents and other evidence.

If a spouse gets caught engaging in this kind of misconduct, the judge may issue fines and award the other party with the entire asset or its value. But the consequences can be worse than losing the asset. It is a crime to hide assets or try to deceive a spouse regarding marital property, and a spouse could face jail time for defrauding the other party.

Why Work With the Team at the Walke-Wilson Firm

Property division laws in Texas can be difficult to understand, especially if you don’t have any experience navigating these cases. That’s when you can turn to the team at the Walke-Wilson Firm. We’re here to provide compassionate support through this difficult time. We know the end of a marriage is never an easy thing to manage. That’s why we work closely with you to make you feel heard as we pursue fair asset division.

With divorces making up about 40% of new family law cases in Texas, you want an experienced family law attorney. You want the Walke-Wilson Firm on your side. Our experienced team is familiar with the local family court system and its procedures. We can put that knowledge to work, helping you craft a compelling case with strong evidence.

FAQs

Is Property Always Divided 50/50 in a Divorce?

No, property is not always divided 50/50 in a divorce. While the courts often aim to split assets as evenly as possible, judges can exercise discretion and give one spouse a greater share of assets if the circumstances justify it. Reasons judges may do this include fault-based divorces, significant income differences, and disparities in education.

How Much Does a Property Division Lawyer Cost in Texas?

How much a property division lawyer costs varies case by case. Complex cases with a lot of assets or high-value property will likely be costlier than simple divorces with few assets. Similarly, an experienced attorney with a long track record of success will generally charge more than a newer lawyer who hasn’t established themselves yet.

What Is the Biggest Mistake During a Divorce?

The biggest mistake you can make during a divorce, particularly when it comes to property disputes, is hiding assets or lying about their value. By deceiving the court and your spouse regarding your assets, you are committing fraud. This can lead to fines and loss of the property, as well as criminal charges for perjury. Rather than risking time in jail, be up front about your assets during your divorce.

What Money Can’t Be Touched in a Divorce?

Money that can’t be touched in a divorce is any income considered separate property. This includes money made prior to marriage, inheritance, and personal gifts a spouse receives. It is important to note that this money may no longer be considered separate if it is comingled with marital property, such as through a joint purchase or investment. An attorney can help you document what money is considered separate property.

Hire a Property Division Lawyer From the Walke-Wilson Firm

When it comes to your property division case, you want a lawyer who can give you compassionate and dedicated guidance throughout the process. Hire a property division lawyer from the Walke-Wilson Firm to help you assess the value of your marital property, present evidence that certain property is separate, and negotiate with your spouse for a fair agreement. If a settlement isn’t possible, we can represent you in court.

Contact our team today to schedule a consultation. Let’s discuss your case, talk about your goals, and create an effective strategy to secure a fair division of property. Trust us to guide you through this difficult time.