Protective Orders

End the Pain and Drain of Divorce Property Division Lawyers

Serving clients in Dallas, Plano, Frisco, Allen, McKinney, Richardson, Carrollton, Highland Park, University Park, Garland and all of Collin, Dallas, Denton, Grayson, Hunt and Tarrant counties.

Property division is one of the most contentious areas of divorce. At The Barbknecht Firm, P.C., in Plano, Texas, part of our job as lawyers is to help our clients deal with the anxiety of divorce by giving them predictability. By understanding how Texas courts have divided property in similar cases in the past, we can help you set realistic expectations and plan accordingly. We can work with you and an accountant to help you understand the tax implications of property division.

To start out, we ask our clients to give us a list of separate and community property.

Separate Property
In Texas, separate property (also known as nonmarital property) is yours to keep and does not have to be divided with your spouse. Separate property includes:

1. Property you owned prior to marriage.
2. Property you received from someone's death as a result of will or inheritance.
3. Anything given to you personally as a gift. This includes gifts from your spouse.

To prove that property is separate, you need to identify and document where the property originated. Identification and tracking of separate property becomes very important in a divorce action.

Community Property
In Texas, community property is any property obtained during your marriage, including money, property, real estate, incentive pay such as stock options and bonuses, and retirement and investment accounts. Basically, any property that is not separate property is community property and is divided with your spouse.

How Property is Divided
If you and your spouse earn approximately the same amount, your community property will be more or less cleaved down the center. If there is evidence of physical or emotional abuse or adultery, there can be a disproportionate award of property to the abused spouse.

In long-term marriages, judges tend to award property disproportionately to the nonworking spouse. This is done in place of providing ongoing separate maintenance. The tax implications of property awards and separate maintenance are different, so it's important for you to receive early advice and counsel from a competent divorce attorney and accountant.

If you have significant assets such as businesses or multiple retirement accounts, your property division will be much more complex.

Call The Barbknecht Firm, P.C. for a free initial consultation.