Bee Cave Division of Assets Lawyer

Top Rated Division of Assets Attorney in Bee Cave, TX

Divorces are stressful. Determining how assets should be divided is often one of the hardest parts of going through a modern divorce, but a Bee Cave division of assets lawyer can help to alleviate your stress by providing you with objective advice, guidance, and representation in negotiations or at court.

Work With The Law Office of Ben Carrasco, PLLC

If you’re worried that your divorce may be contested, you need to work with a Bee Cave division of assets attorney with trial experience. You can trust the team here at The Law Office of Ben Carrasco, PLLC to help. Ben Carrasco is a veteran trial lawyer with substantial experience in interpreting division of assets laws and leveraging them to get his clients the results they deserve. Let us help you with your asset division case so that you can focus on moving forward.

Reasons to Hire a Division of Assets Lawyer

The median sale price for homes in Bee Cave, Texas, is $799,522, with prices ranging even higher in affluent neighborhoods like Spanish Oaks, and the median household income is $111,172. Needless to say, divorcing couples have a lot to lose. That’s why it’s so important to hire a division of assets lawyer to take on your case. Your attorney can:

• Identify and categorize assets.
• Work with appraisers and forensic accountants to get accurate asset valuations.
• Make sure that shared marital debts are accounted for and divided fairly.
• Negotiate a settlement with your spouse’s lawyer.
• Take your case to trial, if necessary.

If you think your divorce could be contested, it’s even more important to work with an attorney who has a clear understanding of division of assets laws and how to leverage them to get you the results you need. Working with a Bee Cave division of assets attorney can help to take some of the stress off your plate during this difficult time, so that you can focus on moving forward.

Guiding Families Through
Difficult Transitions.

CALL US TODAY

512-320-9126

SCHEDULE A CONSULTATION

Community vs. Separate Property

Marital, or community, property consists of any property acquired by either spouse during the marriage. It usually includes the marital home and community funds, such as:

• Wages and income earned by both spouses during the marriage
• Separate funds that have been deposited into joint bank accounts
• Retirement benefits and pension plans for both spouses
• The appreciation of separate property thanks to marital contributions

Separate property includes assets owned before the marriage, inheritances, gifts, settlement awards from a personal injury case, and property excluded by prenuptial or postnuptial agreements.

Factors That Influence How Property Gets Divided

Texas does not automatically split assets equally in a divorce. Instead, the judge should divide assets according to what the court deems just and right. They take into consideration many factors, including:

• The length of the marriage
• Each spouse’s education
• Each spouse’s earning capacity
• The amount of separate property each spouse has
• Whether either spouse receives spousal maintenance or child support

You should not agree to a specific division of assets without consulting an attorney first. Your attorney can help you make sure that the division of assets is fair and equitable, representing your interests and arguing for a division of assets that prioritizes your needs.

Marital Homes and the Division of Assets

If a marital home was purchased by one spouse and never retitled as joint property, it remains the spouse’s separate property. However, the non-homeowning spouse may be entitled to reimbursement from the homeowner’s separate assets if the married couple spent community funds on the upkeep or improvement of the property.

FAQs

What Assets Cannot Be Touched in a Divorce in Texas?

The assets that cannot be touched in a divorce in Texas are referred to as separate assets. Separate assets can include pre-marital property, gifts, inheritances, settlement awards from personal injury cases, certain business entities, and assets protected via prenuptial or postnuptial agreements. If separate property is commingled with community funds, such as depositing an inheritance into a joint checking account, it typically becomes community property.

What Is the Ideal Way to Divide Assets in a Divorce?

The ideal way to divide assets in a divorce is via mutual negotiation or mediation rather than litigation. Taking this approach allows you to exercise a certain amount of control over your financial future, maintain your privacy, and come up with an agreement that fits your unique needs instead of giving up all control over the division of assets to a judge who doesn’t know your personal situation. It also tends to be less expensive than going to court.

How Do Assets Get Split in a Divorce in Texas?

Assets get split in a manner deemed just and right in a divorce in Texas. You can decide what this division should look like with your spouse, or you can contest the case and send it to court, where a judge decides how to divide property based on factors including the length of the marriage, each spouse’s earning capacity and financial situation, contributions made during the marriage, the custody of any children, and who was at fault for the divorce.

Will My Wife Get Half of My 401(k) in a Texas Divorce?

Your wife will not automatically get half of your 401(k) in a Texas divorce. She is usually entitled to half of the contributions and growth that accumulated during the marriage, which is considered community property. Funds that you put into the account before getting married are separate property and are thus not subject to division.

Your Bee Cave Division of Assets Lawyer

Asset division is often one of the most contentious parts of divorce proceedings. If you’re concerned about how this process might go for you, you should hire a Bee Cave division of assets lawyer to represent your rights and interests.

You can trust the team here at The Law Office of Ben Carrasco, PLLC to help. Lead attorney Ben Carrasco is Board Certified in Family Law and has been in practice for years. He handles all of our division of assets cases personally, so you never have to worry about your case being passed off to a junior lawyer. You can contact us today to schedule an initial consultation.