San Antonio division of property Attorney
Baier & Hardy Division of Property Lawyers
Debt & Property Division in San Antonio
In the divorce process we are taking one family and dividing
it in two distinct families. This is never a simple process and causes many
people to worry about just how much they might have to begin over with.
Although there are no winners in divorce we realize you have to restart after
divorce, and that depends on you getting your fair share of their community
house. Through this process, property and debt will have to be accounted for
and divided between the parties.
The initial step is to determine whether debt or property is connected or separate.
Assets or debt gathered prior to the marriage is considered separate
It is owned separately by every person spouse. Independent property includes:
Assets or debt obtained before marriage
home acquired from a will or intestate succession
home acquired by third party gift
land or earnings arising from inter-spousal gift
property retrieved for personal harm
Division of Property Attorneys in San Antonio, TX
Our experienced family law attorneys at Baire & Hardy San Antonio understand how significant the division of property and debt could be. We can assist you to determine what your home branch will probably be and help you negotiate a fair division of your property. Schedule an appointment today to meet up with one of our family law attorneys to find an evaluation of your case.
Our Property Division Lawyers get you a Fair Deal
Debt or property that’s acquired or generated during the marriage, by either spouse, is considered group property or debt. There’s an assumption that property and debt that exists at the end of the marriage is group property and some claim of separate property has to be demonstrated by the partner making that claim.
Sounds simple, right? If it is individual property the partner gets to keep it — and if it’s group property that the Decree of Divorce divides it. However, occasionally it isn’t clear which it is because of the way the parties handled the debt or property. Additional even if it’s independent property there might be a settlement claim for marital money that was spent on the separate debt or property of a few of the spouses.
Proving your Property
After our division of property attorneys have determined how every piece of land and debt is distinguished exactly the Texas Family Code requires that all assets and debts that are community house be divided at a “just and reasonable” manner. It doesn’t say equally. There are many factors that a court uses to divide community property and debt such as:
Spousal abilities to support themselves like:
Who has custody of their children
Instruction and employability
Size of different estates
Liquidity and income manufacturing
partner’s wrongdoing for example:
fraud in the neighborhood
malicious behavior toward another partner
the financial costs accrued by a partner while the suit is pending or after final judgment such as:
temporary spousal support
expenditures paid to keep community property such as:
profits or reductions
income creating property
duration of marriage
characteristics of property