El Paso Property Division Attorney
A Champion for Individuals and Families for Over 20 Years
Property division is one of the most complicated steps in the divorce process. Whether you are looking into divorce or ready to file, it is important to know what you may encounter on the road ahead. Founding Attorney Heather H. Hall has over two decades of extensive trial experience and has worked with individuals and families at every stage of the divorce process. Our firm understands how stressful divorce can be, which is why we offer compassionate support to our clients.
Plan a better future with Hall Law. Call our firm at (915) 529-0233.
What Is Property Division?
The divorce process involves many steps, from determining child custody to evaluating an appropriate amount of alimony. Property division is one of the most critical steps during divorce as it can lay the groundwork for the rest of your case.
Essentially, property division is the evaluation, separation, and allocation of marital property under the supervision of the court or another qualified entity. The property division process is different from state to state, and in Texas, property falls into one of two categories: communal or separate property.
- Communal property is anything purchased during the marriage or owned jointly. A house you bought with a joint bank account or a pet you rescued during your marriage is communal property.
- Separate property is anything purchased before the marriage or after the divorce. Inherited assets or gifts designated exclusively to you or your spouse is also separate.
The most significant detail to note is that separate property does not go through the division process – only communal property is subject to equitable division. Additionally, marital property is not split evenly. The court will evaluate the financial position of both spouses to determine a fair distribution of property.
The court must assess the following factors:
- The disparity of earning power (if any)
- The physical and mental health of both spouses
- The result of physical custody
- Future employability of the spouses
The goal of the evaluation process is to determine how much communal property is necessary to maintain a standard of living without the financial support of a spouse. So, if one spouse has consistent employment, but the other would need further education to gain employment status, the court may award that spouse more assets or property to make up for the difference.
Ultimately, there is no guaranteed outcome for property division during divorce. The final decision is up to the court and is based on your unique financial situation. However, you can ensure that the result of equitable division is in your favor by hiring a qualified legal professional to protect your interests.
Property Division: Obstacles and Unique Cases
Every divorce is different, and many spouses may encounter obstacles during the process. Property division is a tedious process that can become more complicated depending on your unique case.
For example, business owners in Texas may face a highly complex property division process if they founded the business during their marriage. Any assets, earnings, or property earned/bought during the marriage are subject to division, including businesses. This means that your spouse may be entitled to a portion of your business or the profits earned during the marriage.
Military spouses may also encounter unique obstacles during divorce. In addition to other marital property, military pensions and health benefits can be divided between spouses during the divorce process. Additionally, the military has its own regulations regarding property and court orders under the Servicemembers Civil Relief Act (SCRA). Military divorce cases should only be handled by experienced attorneys.
Whether you own a business, serve in the military, or encounter another difficult obstacle during your divorce, it is always best to consult an experienced attorney to represent you at every stage of the process, from filing to the Final Decree.
You Are Not Alone
Divorce is often a lonely process. You may feel isolated from mutual friends or face scrutiny from your family. However, at Hall Law, we believe that you do not have to face divorce alone. Our attorney understands how emotional this process can be, which is why we offer a variety of divorce services to provide the support you need at every step of the process.
Hall Law offers affordable property division services with flexible payment plans. We also provide in-person, phone, and Zoom consultations so you can get the counsel you need according to your schedule. Our attorney has over 20 years of trial experience to put toward your case.
Schedule your initial consultation with our El Paso property division attorney today. We look forward to hearing from you.
“She fought so hard for me and she was great in court.”- FT Bliss
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“She is the first person to talk to me with respect and the first lawyer I have had that was worried about me and my kids.”- Jorge
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