Reaching a Fair Property Award
Property division in Texas follows the community property model. Judges in divorce cases weigh the facts to determine a "just and right" asset and debt division. But all property must be accounted for and valued properly to reach a fair division.
At The Law Office of Ryan C. Moe, PLLC, we can help. Our lawyers routinely assist clients in complex asset division matters in the divorce process, including the division of businesses. From experience, we are able to identify red flags that may indicate hidden accounts or improper transfers.
Working with a network of professionals and appraisers, we provide a realistic understanding of the assets of both spouses. Through sworn inventory of assets and thorough research, we keep all parties honest and work toward a fair and equitable agreement.
What Is the Difference Between Community and Separate Property?
Community property is what you acquire during the marriage. The presumption is that property obtained during a marriage is community.
The other category is separate property, which generally includes:
- Property you owned prior to the marriage
- Inheritances and gifts made to one spouse
- Some personal injury awards
As the name implies, the court does not divide separate property. You do need to provide proof showing property should be categorized as separate.
Our attorneys can help with property classification and tracing. We will also discuss with you how property division could affect a request for spousal support. Looking toward the future, we will help you keep retirement plans on track.
Division of Retirement Assets
Retirement accounts can be forgotten and often difficult to accurately value. Tax considerations also affect the actual value and can limit access to funds without penalties. From uncovering all retirement funds to filing a Qualified Domestic Relations Order (QDRO) that divides employer-sponsored plans, our lawyers will protect your interests.
Schedule a Meeting
Speak with our experienced San Antonio lawyers by calling 210-861-6000 or sending a message.