Austin Property Division Lawyer

In Texas divorces, property division is guided by the community property principle, where assets and debts acquired during the marriage are subject to a division that the court considers “just and right.” This encompasses real estate, income, and liabilities. Separate property, owned before marriage or received as gifts or inheritance, usually remains with the individual. Courts consider factors to fairly distribute property, often presenting complexities in distinguishing and valuing different assets.

Why Choose Ben Carrasco For Your Property Division Case?

When choosing a property division lawyer, you want someone who is not only highly skilled but also genuinely invested in your case. Here’s why Ben Carrasco is the right choice for you:

• Top-Tier Credentials: Ben Carrasco is one of the few family law attorneys in Central Texas who graduated from one of the nation’s top three law schools. His elite education means he brings sharp legal expertise and strategic thinking to your case.
• Board Certified: Ben is board-certified in family law. Board-certified lawyers are the only lawyers authorized by the State Bar of Texas to hold themselves out as “specialists” in a select area of law. To achieve board certification, a lawyer must demonstrate superior knowledge, expertise and professionalism by achieving various professional benchmarks established by the Texas Board of Legal Specialization (years of experience devoted to the given practice area, serving as lead counsel on a specific number of trials and mediations, peer reviews, etc) and pass a rigorous, blind graded examination. Less than 10% of Texas lawyers are board-certified in any area of law. For more information on board certification, visit www.tbls.org.
• Proven Success: Whether in settlement negotiations or the courtroom, Ben consistently delivers strong results. His track record shows that he fights for his clients and makes a real difference in their lives.
• Honest and Straightforward: You deserve the truth, not empty promises. Ben provides a clear, realistic assessment of your case so you always know what to expect. His goal is to under promise and over-deliver.
• Highly Recommended by Clients: Those who have worked with Ben praise his dedication, responsiveness, and effectiveness in court. His past clients trust him, and their testimonials speak for themselves.

Understanding Property Division in Texas

In contrast to community property, a separate property in Texas belongs solely to one spouse. This includes assets owned before the marriage, such as real estate or investments, as well as inheritances, and gifts received individually during the marriage. Keeping a clear distinction between community and separate property is crucial during property division proceedings. To navigate this complex process effectively, seeking legal guidance is highly recommended, as experienced family law attorneys can provide valuable insights into your specific situation and work to ensure a fair outcome.

Presumption of Community Property

In Texas, there is a presumption of community property when it comes to marital assets and debts. This means that unless there is clear and convincing evidence to the contrary, property possessed by either spouse during or on the dissolution of the marriage is presumed to be community property, owned equally by both spouses. This presumption provides a starting point for the court to divide property in a manner that is considered “just and right.” It also underscores the importance of documenting separate property and any deviations from the norm, as failing to do so can lead to unintended consequences during divorce proceedings. 

Attorney Ben Carrasco Explains The Property Division Process

Factors Influencing Property Division

Property division in a Texas divorce is influenced by several key factors that the court takes into consideration when determining a fair distribution of assets and debts.

• Fault in the Divorce: While Texas is a no-fault divorce state, certain instances of fault, such as infidelity or cruelty, can be considered when dividing property. In cases where one spouse’s misconduct has significantly impacted the marriage or assets, it may affect the division.

• Custody Arrangements: Child custody and visitation arrangements can influence property division. The court may take into account the primary custodial parent’s needs and the best interests of the children when determining how to allocate assets and debts.

• Size of the Estate: The total value of the marital estate, including assets and debts, plays a significant role in property division. A larger estate may require more careful consideration and division to ensure fairness.

• Need for Future Support: The financial needs and obligations of each spouse post-divorce, including ongoing support for children, can impact property division decisions. The court aims to ensure that both parties can maintain a reasonable standard of living after the divorce, which may affect the allocation of assets and support obligations.

• Length of the Marriage: The duration of the marriage can influence the division of property, with longer marriages often leading to more complex asset considerations and potentially different distribution outcomes.

• Age and Health: The age and health of each spouse can impact property division, as it may influence their respective financial needs and ability to support themselves post-divorce.

• Agreements Between Spouses: If spouses have a prenuptial agreement or a postnuptial agreement in place that outlines property division, the court typically honors these agreements, provided they are legally valid.

Common Challenges and Misconceptions

One prevalent misconception in Texas divorces is the assumption of a simple 50/50 split of assets. Texas employs a model that seeks to divide property in a manner that is equitable, but not necessarily equal. Equitable distribution aims for fairness, taking into account various factors. This means that property division can vary significantly from case to case, and an equal split is not guaranteed. Understanding this distinction is vital for individuals going through divorce, as it helps manage expectations and underscores the importance of seeking legal guidance to ensure a fair outcome.

Emotional attachment to specific assets, like the family home or sentimental items, can present a significant challenge during property division. Such attachments can cloud judgment and lead to disputes, as individuals may prioritize emotional value over equitable distribution. Addressing these emotions requires a balanced approach, where legal counsel can guide to ensure that emotional factors do not hinder a fair and rational division of assets in the divorce process.

Contact an Experienced Austin Property Division Attorney

The Law Office of Ben Carrasco can assist you in effectively managing property division complexities in Texas divorces. With personalized guidance, attorney Ben Carrasco will assess your unique circumstances and ensure a fair and legally sound asset and debt distribution. Contact us today for a consultation to begin the journey toward a successful property division outcome that safeguards your financial future.

The Law Office of Ben Carrasco, located in Austin, Texas, provides property division services to clients throughout Texas, including Dallas and West Lake Hills.