Property Division Lawyers in Fort Worth Determined To Defend You and Your Property
Property division can be a difficult and confusing process to go through during a divorce. Determining whose property is whose can sometimes require a lot of work and stress. Factors, such as when a piece of property was obtained, and by whom, may further complicate matters. Other issues, such as how debt gets divided between you and your spouse can cause problems and make your situation even more difficult. Considering a property division lawyer from a law office experienced in family law may be an effective way to solve complex property division in your divorce.
What Types of Property Can Be Divided During a Divorce?
Divorce brings all kinds of emotional problems, and the headache of determining what types of property can even be divided does not help your cause. Consulting an attorney experienced in the division of marital property can be beneficial in clearing up what belongs to who. These are the types of property that can be divided during the divorce process:
- Community Property – Property that was purchased or obtained after marriage would be considered Community Property. The exception to this is if something was obtained under only one person’s name. For example, if you bought a vehicle while married and your spouse did not co-sign the loan with you, and only your name is under the vehicle, this may be considered separate property. Community property also includes debt. Meaning, if personal belongings are divided, so would any outstanding debt. Having a property division attorney by your side during this process can help you clarify what may belong to you.
- Separate Property – Separate property can consist of any property that was obtained prior to marriage, including gifts, inheritances, and settlements. It’s important to note that any property purchased using separate property may still belong to you. For example, if you obtained inheritance money prior to marriage, and you bought a motorcycle, that motorcycle may be yours. There are tricky nuances that come with determining what may or may not be separate property, so consulting with an attorney in Tarrant County may be in your best interest.
- Complex Property – Many times after marriage, couples will obtain more assets than one could count. While physical property and money in bank accounts are often cited in the process of dividing property, complex property such as stocks, 401k retirement accounts, and other investment accounts can be difficult to clearly divide in a divorce case. A property division attorney can help you figure out what you may be entitled to.
What is a Prenuptial Agreement?
Several factors go into determining what belongs to one spouse or the other during a divorce. One of the first things you should factor in when figuring out the division of property is a prenuptial agreement. A prenuptial agreement is signed prior to marriage by both parties in order to pre-determine the division of property and assets in case of a separation. If you have a prenuptial agreement, you still may need to consult with a lawyer in Tarrant County to figure out the best way to start the process of dividing the property according to the agreement without contest.
Who Gets to Keep the House in a Divorce?
One of the most disheartening aspects of divorce can be the process of losing a home. Deciding which party gets to keep the home can be a complicated process with many variables. One of the primary variables a court may look at when figuring out how to divide a home will be factoring in children. If children are involved in a couple’s divorce, the primary caregiver for the children may be granted the home based on an immediate necessity for the children. If no children are involved, the decision may be relegated to the court based on any state laws that can determine the outcome. Contacting an attorney in Tarrant County before it comes to that may help you save your home.
Do You Need Representation?
Divorce is a messy situation, and it only gets more muddied as the process of dividing assets occurs. Prioritizing your family should be your number one goal, and getting the most out of a divorce may require legal assistance. When it comes to the division of assets, Hardy Law Group, PLLC can aid you in figuring out what may legally be yours and fight by your side if you believe you are entitled to property being claimed by your spouse. While some property law may be tricky, having a law firm experienced in property division law can be an invaluable resource for you. Call (817) 222-0000 to schedule a free consultation with Hardy Law Group, PLLC, and get the representation you deserve.