Property Division

Fort Worth Property Division In Divorce

People are often confused about the division of marital property. Many assume that there will be a 50-50 division of the marital estate. However, Texas law strives for a "right and just" division of property and debts, which may not mean a 50-50 split.

To protect your interests during property division, it is best to work with an experienced divorce lawyer. Attorney Ken McAlister will help protect your real estate, personal property, financial accounts and retirement assets. He will also argue for a fair division of the marital debts. He has experience with estates of all sizes, including high net worth estates. You can also rely on his help with enforcement of the property division agreement.

Dividing The Marital Estate

Under Texas community property law, marital property is presumed to be community property unless it is:

  • Designated as separate property in a prenuptial or postnuptial agreement
  • A gift or inheritance
  • Separately owned prior to the marriage

Tracing an asset's ownership from the date of acquisition can prove that one party owned it separately. Separate property is not counted as part of the marital estate.

The marital debts must also be divided. The net estate (assets and debts) is divided; there are not two different divisions for assets and debts. Marital debts may include a mortgage, auto loans, credit card debt, taxes and any judgments against both parties.

While Mr. McAlister is always prepared to go to trial, he typically encourages clients to work through property division via negotiation or mediation. For most clients, spending excessive time and money arguing over possessions is detrimental in the end.