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.
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 or contact us online to schedule a consultation with our Fort Worth property division lawyers.
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.
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.
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 for more information about our experienced and personalized legal services.
Duane Coker Attorney & Founding Shareholder
Kelly K. E. Robb Attorney & Senior Shareholder
Jacqueline Cannon Attorney & Senior Shareholder
Shelby D. Hart Attorney & Shareholder
Malorie Crosley Attorney
Lauren Cardamone Attorney
C. Ashley Covert Attorney
Anthony Pax Attorney
Sheba George Attorney
Victoria McDowell-Drew Attorney
Tyler Livingston Attorney
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