You have worked hard to build financial security and deserve a fair share of marital assets during divorce. Property division attorney Mark C. Roles helps you negotiate amicable settlements or strongly argues for you in court when negotiations fail. Our firm offers solution-oriented approaches that protect your interests and help you establish a secure footing in your new life.
At Roles Law, PC, we serve families throughout Austin and Round Rock with over 20 years of knowledgeable family law representation. Our compassionate approach ensures you receive personal attention for vital division of property matters. We focus exclusively on family law, which allows us to provide thorough guidance on all aspects of your marital estate division.
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Understanding Texas Community Property Rules
Texas follows community property laws, which differ significantly from the approaches to property division in other states. Under these rules, courts presume that most assets and debts acquired during marriage belong equally to both spouses, regardless of who earned the income or whose name appears on titles.
For spouses who pursue divorce, this system aims to ensure a fair division of assets. However, courts consider various factors when determining what constitutes a just and equitable division, taking into account the unique circumstances of each couple.
What Are Examples Of Marital Assets And Separate Property?
Texas law distinguishes between community property acquired during marriage, separate property owned before and assets received through specific means, such as inheritance. Understanding these categories helps you prepare for the division of assets process. Examples of each may include:
Marital Assets
- Real estate purchased during the marriage
- Retirement accounts and pension benefits earned during marriage
- Business interests developed during marriage
- Bank accounts and investments acquired during marriage
- Vehicles and personal property bought during the marriage
Separate Property
- Assets owned before marriage
- Gifts received by one spouse individually
- Inheritances received by one spouse
- Personal injury settlements awarded to one spouse
- Property acquired with separate funds
Determining whether assets qualify as community or separate property can become complex, especially when separate property increases in value or becomes mixed with marital funds.
Which Factors Can Affect Property Division In An Austin Divorce?
Texas courts consider multiple factors when dividing marital property to ensure a just and right division. Community property laws provide the foundation, but judges evaluate specific circumstances such as:
- Length of the marriage
- Each spouse’s earning capacity and education level
- Health and age of both parties
- Fault in the divorce, such as adultery or cruelty
- Disparity in earning power between spouses
- Custody arrangements for minor children
- Tax consequences of property division
- Future financial needs of each spouse
These considerations enable courts to create property settlements that reflect each family’s unique situation, ensuring both parties can move forward financially.
Schedule A Consultation With An Austin Property Division Attorney
Don’t let property division concerns compromise your financial future when experienced help is available. Mark is well-versed in Texas community property laws and fights to protect your fair share of marital assets. Contact Roles Law, PC, by calling 512-838-3053 today or complete our online form to schedule a consultation and discuss your concerns regarding the division of property.