San Antonio Property Division Attorneys
Dividing property can be one of the most stressful parts of a divorce. If you have a business, real estate, investments or retirement savings, you may have questions about what happens to those assets when your marriage ends.
At Soulsby Law, we help clients in San Antonio and Bexar County address complex property division matters.
Attorney Kate Soulsby is board-certified in family law by the Texas Board of Legal Specialization. She can help you identify and value assets, determine whether property is community or separate and address retirement benefits and other financial claims.
What Property Can Be Divided In A Texas Divorce?
Community property includes property you and your spouse acquire during the marriage. Separate property includes property you owned before marriage or received as a gift or inheritance. Some assets can include both, making financial records important.
Texas law presumes that property either spouse possesses during the marriage or when it ends is community property. If you claim an asset is separate, you must provide clear and convincing evidence. Financial records can show when you acquired the asset, where the money came from and how you used it.
How Can Complex Assets Affect Your Property Division?
Complex finances can raise additional questions before you divide your property.
- Businesses and professional practices: Determining what a business or professional practice is worth may be an important part of dividing your property.
- Real estate and investments: You may need to account for multiple properties, investment accounts and other financial interests.
- Other complex assets: Stock options and other financial interests may require review to determine whether they are community or separate property and how to divide them.
Understanding the value and ownership of these assets can help determine what is subject to division.
How Are Retirement And Pension Benefits Divided?
Retirement benefits can also be part of property division, with different rules applying to different types of benefits.
- QDROs: A Qualified Domestic Relations Order can direct a qualifying retirement plan to pay your former spouse a portion of your retirement benefits.
- Military retirement: A state court order can award a former spouse a share of military retired pay. Military retirement follows different rules from private retirement plans.
- Federal civil service retirement: A divorce court can divide federal civil service retirement benefits, but the order must clearly state how your former spouse will receive their share.
These issues can be especially important in San Antonio, home to Joint Base San Antonio (JBSA) and a large military and federal workforce.
Beyond Dividing The Property
Dividing your assets is only part of the financial picture. Depending on your circumstances, you may also need to address financial support or reimbursement claims.
Spousal maintenance may be available when one spouse does not have enough resources to meet their basic needs after divorce and meets other requirements under Texas law. Eligibility can depend on factors such as the length of the marriage, family violence or disability.
Reimbursement claims may arise when one spouse uses their money or property to pay expenses or improve property belonging to the other spouse or the community. If the circumstances support repayment, the contributing spouse may have a claim.
What Rules Apply To Your Property During A Bexar County Divorce?
If you file for divorce in Bexar County, a standing order takes effect as soon as you start the case. It sets rules for what you and your spouse can do with property and certain financial accounts while the case is pending, including restrictions on certain sales, transfers and withdrawals. It also requires you and your spouse to preserve important financial and business records.
Protect What You Built
When your home, business, investments or retirement savings are at stake, you deserve to know what you can keep and what the court may divide. Soulsby Law can help you identify the issues and prepare for the financial decisions ahead.
Get a clearer picture of your property division options. Call 210-714-4830 or send an email to schedule a comprehensive asset division evaluation.