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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This firm is rock solid. They give you swift and clear advice and react appropriately and professionally to all the ups and downs throughout the tough process. Ashley Covert and her paralegal Ashley Leverett handled my divorce and they did a wonderful job.- Jamie
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I would highly recommend Jacqueline Canon and all of her staff. She and her staff worked very hard on my case for the past 3 years and never let me feel alone or out of the loop. It was a very long and tiring process, but was made easy by the professionalism, care and concern for myself and my family. 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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- Miriam M.
Thank you Mr.Hart for your help. He and his team had great communication. Answered all questions I had and at the end, I was very pleased with my result in my case. I definitely Recommend you use this Law firm.
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I hired Jackie Cannon for my divorce and I’m so so thankful to God for sending her my way. I met with so many lawyers regarding my divorce case and child custody but nobody ever explained like Jackie did. She was patient, explained everything in detail, took her time with me always and never rushed me. Her paralegal Holly Keen, I would say the best too because every time I had a question I would email holly and Jackie and I would get a response from them both right away. I would definitely recommend Jackie, Holly and Lauren.- Marium
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Truly one of the most professional & knowledgeable attorneys I have had the pleasure of working with.- Jay Marks
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I was more than taken care of by this law firm. My attorney Shelby Hart believed in my case since day one. My situation was far from easy, I was trying to move out of state with my son to start a family with my husband. His father wanted to restrict me to the county I currently lived it. I was turned away by another attorney because she said there was no way I had a chance. But when I called Shelby he was nothing but uplifting, positive, and honest about the risk and chances but was reassuring of my chance and possibilities. He never gave up and found all kinds of ways to make this happen for me. He was always keeping me informed and allowed me to make any and all final decisions. Ashley Leverett, his parallel was always so helpful and on top of everything. She was also very sympathetic with me and gave good advice as well has helped me along the way with getting all my documents together. Even down to billing and payments, Georgia was always pleasant to work with on arranging and making my payments as well as answering any questions I had. Shelby, Ashley, and I won the case and I am completely moved in with my husband, son and newest member on the way! We are so happy and grateful for all the help we got at Coker!- Piper S.
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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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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.
