Fort Worth Property Division Attorneys
Helping You Divide Your Assets in a Divorce
Divorce is a difficult process, and one of the most contentious aspects of it is dividing the property. In Texas, property is divided according to the community property system, which means that all property acquired during the marriage is considered community property and is subject to a 50/50 split.
However, there are exceptions to this rule, and it is important to have a skilled property division lawyer in Fort Worth on your side to help you protect your interests during a divorce.
Our team at Coker, Robb & Cannon, Family Lawyers, is here to help you through the property division process. We understand how important it is to you to protect your assets, and we are committed to helping you do so.
Call us today at (940) 293-2313 or contact us online to schedule a consultation with our Fort Worth property division lawyers.
We have helped families just like yours through all types of divorce and family law-related matters. Find out how one of our Board-Certified Family Law Specialists can help you.
How is Property Divided in a Divorce?
When determining the division of community property, the court takes various factors into account, such as:
- Length of the Marriage: The duration of the marriage is a significant factor. In general, the longer a couple has been married, the more likely the court is to aim for a roughly equal division of community property. A lengthy marriage typically implies that both spouses have contributed to the marital estate over an extended period, and it may be viewed as a partnership in which both parties have shared in the accumulation of assets and debts.
- Earning Capacity: Each spouse's earning capacity is an essential consideration. This involves evaluating their ability to earn income and support themselves after the divorce. The court may consider factors such as education, skills, work experience, and current employment opportunities. If one spouse has significantly higher earning potential, the court might adjust the division to provide the lower-earning spouse with a more substantial share of the community property.
- Financial Contributions: The financial contributions of each spouse during the marriage play a critical role in the property division process. This includes factors like who was the primary breadwinner, who managed the household finances, and who made significant financial contributions to the acquisition of community assets. Courts aim to recognize and reward the financial contributions made by both spouses.
- Health and Age: The health and age of each spouse are also relevant factors. If one spouse has health issues that prevent them from working or earning income, the court may take this into account when dividing assets. Similarly, if there is a significant age difference between the spouses, it can impact the division, as the court may consider the ability of the older spouse to rebuild their financial resources post-divorce.
- Custody of Children: If there are minor children involved, the court may factor in the custodial arrangements. This includes considering who will have primary custody and the associated financial responsibilities. The custodial parent may be awarded a larger share of community property to help provide for the children's needs.
- Wasteful Dissipation: In cases where one spouse has engaged in wasteful dissipation of community assets (e.g., excessive spending or the misuse of marital funds for non-marital purposes), the court may adjust the division of property to compensate for the loss of those assets.
- Pre-marital and Separate Property: The court will also distinguish between community property and separate property. Separate property is not subject to division. If one spouse brought significant separate property into the marriage, the court will make sure it remains with that spouse.
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Coker, Robb & Cannon, Family Lawyers helped us with our first Will document 15 years ago and helped us to update it recently. We were leaving the country and needed the documents done quickly. They asked all the important questions and completed the documents in a timely manner. We would trust Coker, Robb, & Cannon with all of our family concerns.- Laura
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I recently went through a divorce and Shelby was fantastic throughout the entire process. He helped to make it as smooth and efficient as possible. His entire team was also helpful whenever needed. I can't thank them enough for helping during that period of time.- Adam
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Duane and I have a mutual friend and business associate. I was well into a legal matter, and Duane very graciously spent over a full hour on the phone with me. He patiently listened and offered superb advice on how to proceed, all without asking for anything in return. I can’t recommend him enough. Very smart, honest, and a genuine nice man.- Chris Hughes
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Lauren was extremely attentive and helpful. She helped make a difficult situation for me go smooth and I never worried for a minute that everything would be taken care of. I highly recommend Lauren and her team!- Melanie
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I have only been through a divorce once in my life and I thought I would hire a "big name" lawfirm in Dallas to handle my case. Well long story short, all the "big name" lawfirm did was rake me over the coals for money then dropped me like a bad habit after they sucked me dry! I immediately started looking for another lawyer locally in the Denton area and was referred to Duane Coker. I was reffered to Duane by another lawyer that doesn't specialize in divore or family law and was told he would treat me right. Well they were right! He made me feel very comfortable and told the the honest truth about things. He saw what my previous lawyer did to me and what my wife's attorney was doing to me. I am so glad he took my case and got my divorce finalized! He was very up front with things and kept me in loop on everything. The only regret I have is I should have used Duane from the begining! It would of had saved me thousands of dollars and a lot less headaches. I can't say enough good things about Duane and his staff. What a "true" lifesaver they were to me!- Kelly
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Mr. Pax did an excellent job with my divorce from the consult to final disposition. He made the process easier than I expected, since I was moving during the divorce process. He always had time to answer questions and set appropriate expectations. He and the staff worked around my sometimes odd schedule to get things done. I found everyone I interacted with to be friendly, professional and courteous. I would recommend them to anyone else needing a divorce attorney.- Patricia
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I worked with Malorie Crosley for about a year on my case. The process, albeit long, was always clearly spelled out for me. I was also impressed with the timely responses of my inquiries. The process was very unfamiliar to me, and Kim and Malorie were always very helpful to answer all of my questions and keep me comfortable throughout the whole process. They provided sound advice and were able to navigate the complex process very efficiently. I will definitely use their services again.- Christian
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I had a nasty divorce going with my ex-wife who was using one of the High Power Dallas Lawyers that was intent on making things difficult and costing both of us most of the money we were fighting over. Duane was able to calm me down and came up with an idea for the settlement that not only saved me and the ex money, but actually made his fees LESS EXPENSIVE!!! You will not hear of that many times with any lawyer. I would recommend him for a simple divorce or a complex one with all of the circumstances that always make things difficult. He just has a way of working things out with all parties that make so much sense the case gets settled and everyone gets what they want.- Jay N.
What is Community Property?
Community property is all property acquired by either spouse during the marriage, with the exception of gifts and inheritances. This includes not only real estate and other tangible assets but also intangible assets such as income, retirement benefits, and business interests. It also includes debts, which are also divided between the spouses.
Community property includes:
- Income earned by either spouse during the marriage
- Retirement benefits earned during the marriage
- Business interests acquired during the marriage
- Real estate and other assets acquired during the marriage
- Debts incurred during the marriage
Community property is subject to a 50/50 split in a divorce. However, there are exceptions to this rule, and it is important to have a skilled property division lawyer in Fort Worth on your side to help you protect your interests.
What is Separate Property?
Separate property is property that is owned by one spouse and is not subject to division in a divorce. This includes property that was owned by one spouse before the marriage, as well as property that was acquired by one spouse during the marriage by gift or inheritance. It also includes property that was acquired by one spouse during the marriage using separate funds.
Separate property includes:
- Property owned by one spouse before the marriage
- Property acquired by one spouse during the marriage by gift or inheritance
- Property acquired by one spouse during the marriage using separate funds
Separate property is not subject to division in a divorce. However, it is important to have a skilled property division lawyer in Fort Worth on your side to help you prove that certain property is separate property and is not subject to division.
Why Choose Coker, Robb & Cannon, Family Lawyers?
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Video Consultations & Meetings Available
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Voted Best Family Law Firm & Best Law Firm in Denton County
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Working Hard to Achieve the Best Results Possible
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Deeply Committed to Listening & Helping You
How Can a Property Division Lawyer in Fort Worth Help?
A property division lawyer in Fort Worth can help you protect your interests in a divorce. At Coker, Robb & Cannon, Family Lawyers, we understand how important it is to you to protect your assets, and we are committed to helping you do so.
Our team can help you identify all of the property that is subject to division and help you prove that certain property is separate property and is not subject to division. We can also help you negotiate a property settlement with your spouse that protects your interests. If a settlement cannot be reached, we can represent you in court and fight for a fair division of the property.
Contact us today at (940) 293-2313 for more information about our experienced and personalized legal services.
