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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We are from California and we needed a local probate attorney. After calling around and speaking with 3 different attorneys, we settled on Coker, Robb & Cannon, Family Lawyers. Tyler Livingston and his staff were amazing and very efficient. Even though we are in California, he kept us up to date. He settled our case in 5 months and we are extremely grateful for the service we received. If you are looking for a highly-skilled, affordable attorney, this is the firm we recommend.- Helena R.
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I will never be able to put into words how Thankful I am for my Attorney Malorie Crosley and Paralegal Toya Brown. They have been there for me every step of the way during this difficult time. Whenever I had a question they ALWAYS responded in a timely matter. If you are looking for a professional team of ladies to have your back look no further! If I could give a million 5 star reviews I would!- Patrice C.
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- Megan H.
When I first contacted this firm, I was unsure. I was unsure on many things. I had a set of unique circumstances where I needed to seek a change for the safety of my son but due to something that is somewhat new territory. Shelby was upfront w/ me about both the positive & the negative possible outcomes but let me tell you – Shelby (and Rachel) fought for us.
There was NOT one moment in time that I felt ignored, dismissed or unimportant; Moreover, I have severe, high anxiety & rather than punish me for it, Shelby & Rachel were understanding, comforting, logical & proactive EVERY STEP of the way. It was like I showed up, threw everything I had on a table while being a sobbing mess – they looked at every piece, held my hand & told me it would be okay. The entire system is long & draining but when we got to our trial date, Shelby was ON FIRE. My faith in him never waivered but that day in court, when we were finally through, I could’ve flown. Shelby (of course w/ the help of his right hand, Rachel!) was absolutely in his element & he stood up for us in all the ways my spirit needed to protect my son. I have shed more tears than I will EVER admit during the entire process but even during my madness, Shelby & Rachel were kind, uplifting & our WARRIORS in the courtroom.
When I did my phone set up for a consultation, I told them I needed someone aggressive. When you first talk with them, they are so sweet! You’ll think: okay, these are not aggressive or mean people – BUT when the time comes, you can bet your bottom dollar they GO TO WORK. I cannot thank Shelby & Rachel enough for the things they’ve helped my son & I with. They have kept my son SAFE!!!! There aren’t enough descriptive words in our vocabulary to accurately portray what they mean to me. If you want a damn good team – YOU WANT THEM. Thank you Shelby & Rachel! Dax & I love yall!!
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I have used Duane Coker for several legal issues over the past seven years. Each time he was always honest with his advice and very aggressive in pursuing my best interest in the situation. I would highly recommend him to anyone.- Ted
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Malorie and the team helped me start my process with my ex girlfriend and my son, she made everything easy for me and educated me on my rights as a father. She’s really responsive if I have any questions she’s really quick to email me back.- Anonymous
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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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Coker, Robb & Cannon, Family Lawyers made my legal process easy even in tough circumstances. The whole team was professional and quick, which really eased my stress. So grateful.- Jimmy V.
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He was kind, compassionate and listened to my needs and concerns. He efficiently handled and executed what needed to be done in a timely fashion! Shelby and his staff are amazing!- Michele
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.
