McKinney Property Division Lawyer
Property Division Attorney in McKinney, TX
When you are getting divorced, you have to consider many different elements, some of which you might not even think about when you file. You may have to develop a parenting plan and custody agreement, and you may have to determine the division of assets, such as the marital home. Property division can be a confusing and upsetting step in your divorce. You should consult with a McKinney property division lawyer for help.
The legal team at Cruz Arevalo, P.C. understands the difficulties that come with a property division case. Texas has very strict property division laws that can be tough to navigate without the help of an experienced McKinney property division attorney at the helm of your case.
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Our boutique legal team is led entirely by women, and we can bring years of focused experience, knowledge, and determination to your property division matter. We know how to help you see this through.
Significant Factors in Texas Property Division
If you pursue a divorce in McKinney, your case will be handled by the Collin County District Courts, which handle family civil matters throughout Collin County. You will need to file through the Collin County District Clerk, which can be found on Bloomdale Road in McKinney.
It’s okay to be unprepared at first. That’s why you should hire a property division lawyer. With a marriage rate of 49% and a divorce rate of 2.1 per 1,000 people, divorce in Texas is fairly common.
Texas is generally a community property state when it comes to asset division in a divorce. This means that all marital property is divided in an even split between both parties. Ultimately, though, it’s up to the judge’s discretion how that split is made.
There are many different factors that can affect a community property split in a Texas divorce. It’s wise to be aware of these factors and to modify your divorce strategy if they apply to you. Here are some of those factors:
Fault
While you can certainly pursue a no-fault divorce in Texas by filing on grounds of insupportability, you are allowed to file on specific grounds. Filing on grounds of adultery, abandonment, cruelty, criminal conviction, or confinement to a mental hospital can shift the settlement amount in your favor substantially. You will need to provide thorough documentation that proves your claims.
Child Custody
The court will always prioritize the well-being of the children in a divorce. This can sometimes mean refusing your parenting plan or your spouse’s, and not granting joint custody. If that happens, it’s likely that the court will grant a larger settlement amount to the parent who has physical custody of the children. They may even receive ownership of the marital home, as changing that would negatively affect the children.
Earning Capacity
The court’s preference is for each spouse to end their marriage as financially sound as possible, as that gives them each a better chance of getting their lives back together. When deciding on how to split assets, the court will have to consider each spouse’s current and future earning capacity. If there is a substantial difference between both spouses’ incomes, the court may skew the split in favor of the lower-earning spouse.
Length of the Marriage
In Texas courts, it’s not uncommon for longer marriages to carry more weight when it comes to property division. Longer marriages may be more likely to lead to assets being split equally, while shorter marriages may result in a judge granting each spouse only what they brought into the marriage, even if that means one spouse receives basically nothing. While not guaranteed, it does sometimes happen.
Separate Property
In Texas, any property that was owned by each individual spouse prior to the marriage is viewed as separate property. Unless it was commingled with marital property at some point, separate property will not be divided in a divorce. Inheritances, personal injury settlements, and gifts to only one spouse are all considered separate property.
FAQs
What Assets Cannot Be Touched in a Property Division Case in McKinney, Texas?
Separate property cannot be touched in a divorce in McKinney, Texas. This is all property that was owned by each spouse before they were married. If one spouse owned the house before marriage, it’s possible the house could be considered separate property, though that can get complicated when you consider certain financial commitments. Any inheritances, gifts, and personal injury settlements are seen as separate property as well.
Why Is Moving Out a Mistake in a Texas Divorce?
Moving out of the marital home can be seen as a big mistake in a Texas divorce because it weakens your position as a present parent, creates financial strain through dual living expenses, and weakens your argument for keeping the marital home. Leaving the home voluntarily without a court order can be viewed as abandoning the marriage, which sets a damaging precedent for your case.
Does My Spouse Get Half of My 401(k) During the Property Division Process in Texas?
Yes, your spouse is generally entitled to half of your 401(k) contributions during the property division process in Texas, but only the contributions that were made during the marriage. Any contributions made before you were married are viewed as separate property and are not subject to community property division. It’s important that you document all of your 401(k) contributions over the years so you know exactly how much to split in a divorce.
How Is Property Divided in a Divorce in Texas?
In Texas, property is divided according to community property laws. This means that all property accumulated during the marriage is seen as joint property and is divided equally in a 50/50 split. However, if a judge decides that one spouse deserves less because of their questionable actions or one spouse deserves more because of an income disparity, they can modify that 50/50 split as they see fit.
Hire a Property Division Lawyer in McKinney Today
At Cruz Arevalo, P.C., we can help you determine the right course of action for your divorce and work hard to make sure the division of property is in your favor. Contact us to speak with someone on our team.
