Serving Bexar, Comal, Kendall, Atascosa, Guadalupe, Medina, Travis, and Hays Counties
Dividing property in a divorce can be one of the most stressful parts of ending a marriage. In Texas, the rules are different from many other states because Texas follows community property laws. Whether you live in San Antonio, New Braunfels, Boerne, Pleasanton, Seguin, Hondo, Austin, San Marcos, or in and around these cities, understanding how assets and debts are divided can help you protect your financial future.
Community Property vs. Separate Property
In Texas, all property is generally categorized into one of two types:
- Community Property – Assets and debts acquired during the marriage, regardless of whose name is on the title or account. This can include income, homes, vehicles, retirement accounts, and even certain debts.
- Separate Property – Assets owned before marriage, inheritances, and gifts given specifically to one spouse. These typically remain with the original owner after divorce, as long as they can prove it’s separate property.
Important: The spouse claiming something is separate property has the burden of proof. Documentation is key.
How the Court Divides Property in Texas
Texas courts divide community property in a “just and right” manner, which doesn’t always mean a perfect 50/50 split. Judges may consider:
- Each spouse’s earning potential
- Who has primary custody of the children
- Fault in the breakup of the marriage (in certain cases)
- Health and age of each spouse
- Size of separate estates
In Bexar, Comal, Kendall, Atascosa, Guadalupe, Medina, Travis, and Hays Counties, local judges may have slightly different approaches, but the law remains the same division must be fair based on the circumstances.
High-Value Assets and Complex Property Division
Dividing property becomes more complicated if divorce involves:
- Multiple real estate properties
- Family-owned businesses
- Investment portfolios
- Retirement and pension accounts
- Oil, gas, or mineral rights
In these cases, a Qualified Domestic Relations Order (QDRO) may be needed to divide retirement accounts without tax penalties. Depending on the business, there may need to be a business evaluation done to determine what the business is worth.
Protecting Your Rights During Property Division
To protect your share of marital property:
- Gather financial records early – Bank statements, tax returns, deeds, vehicle titles, and retirement account statements.
- Get appraisals – Homes, businesses, and valuable personal property should be accurately valued.
- Avoid hiding assets – Courts take hidden assets seriously, and penalties can be severe.
- Work with a skilled family law attorney – They can help ensure a fair division that protects your future.
How Denis Law Group Can Help
At Denis Law Group, we guide clients in Bexar, Comal, Kendall, Atascosa, Guadalupe, Medina, Travis, and Hays Counties through every step of the property division process. We can:
- Identify the community and separate property
- Work with financial experts to value assets
- Draft and review QDROs for the retirement division
- Negotiate settlements to avoid drawn-out court battles
- Protect your rights in complex or high-asset cases
Final Thoughts
Dividing property in a Texas divorce can be complicated, but with the right legal guidance, you can secure a fair outcome and move forward confidently.