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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“So patient and professional during an extremely stressful time”- Stephanie
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- Aekta A.
I’m not sure what your family law needs are, but I am sure that Coker, Robb & Cannon can help you. And if you’re looking for a divorce lawyer that won’t add to the stress and anxiety of the situation, then definitely go with Shelby Hart, I couldn’t be more grateful for how he helped me.
I reached out online, and they got back to me the same day. I think it was Rachel that reached out and interviewed me and after discussing my situation she paired me with Shelby, who was also a new parent, and that was amazing! I don’t know if this is standard practice, but it should be. It should also be mentioned that Rachel worked with me throughout the process: on my case as a paralegal, to help me schedule time and figure out documents, and she was incredibly kind, patient and thoughtful in every interaction.
Shelby was invaluable, in that he not only made me feel less stressed out about getting divorced, he also gave me advice on what the different outcomes would be depending on the path I chose. He helped me negotiate a decree that would not only be in the best interest of my child and myself, but one that would stand up in court. His advice kept me grounded, and he tailored his approach to my now ex-husband perfectly. That may not seem important on the surface, but when you are living with the person you are divorcing, it makes a huge difference in your day-to-day life and interactions with that person.
I was fully divorced within 3 months of contacting Coker, Rob & Cannon, and I plan on using them for my will and any other family law needs I may have in the future. Shelby, sincerely, I appreciate everything you did and cannot thank you enough.
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This was not the first time that I worked with Coker, Robb & Cannon, but it was my first time to work with Anthony (TJ). He took my case very seriously. He researched all of my previous files and took into consideration everything that had happened since my case had previously been mediated. TJ was always quick to respond and he kept the process moving in a positive direction to work things out for the best interest of me and my children. I am thankful for his help and Holly Keen's help. I will continue to use them as I need to and will refer any/all of my family and friends to this firm, particularly TJ for any help that they need.- Kevin
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I’ve consulted with Duane L. Coker, and the Coker, Robb & Cannon, Family Lawyers team, on a couple occasions. The team there has always been exceptional and Duane’s advice spot on. Since my experience, I’ve referred several of my clients there for their family law matters and they’ve all reported that they’ve been well-served and that the customer service they’ve received from the staff has been top notch!- Mary
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They made my divorce easy even in a difficult situation. I was stressed but they handled everything professionally and fast. I’m so grateful to the team. If you need a simple divorce they are the perfect choice.- Jimmy V.
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“There is nothing that I would not trust this office with, and while I hope that I don't have to hire them again, I would in a heartbeat.”- Kevin
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STOP SEARCHING! Hire Coker, Robb & Cannon! Words will never express how I feel about all of the hard work they put in for me & my daughter. Sheba, Shelby, Rachel, & Kelly were PERFECT. In time I may find the words that convey to everyone how truly great this team is, but for now I will simply say if you need family law attorneys, HIRE THEM NOW!- Joshua N.
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5 out of 5. Jackie and the team were patient and understanding throughout the entire process. Jackie was always available for questions and concerns. She is very knowledgeable and offers great guidance.- Virginia L.
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.
