Property Division

Property division is a crucial part of any divorce, involving the fair distribution of marital assets and debts. In Texas, a community property state, assets acquired during the marriage are jointly owned but may not always be divided 50/50 in a divorce. Depending on circumstances, the split could be 60/40, 55/45, or another proportion to account for factors like financial misconduct or waste of marital funds.

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What Counts as Marital Property?
Marital property includes assets acquired by either spouse during the marriage, such as:

Real estate (homes, rental properties)

Furniture, artwork, and collectibles

Bank accounts and investments

Retirement accounts, pensions, and securities

Vehicles, boats, and valuable personal property

Business interests and intellectual property

Debts accumulated during the marriage are also typically considered shared marital obligations.

Community Property vs. Separate Property

Texas law presumes that all assets acquired during the marriage belong to both spouses. However, certain assets may be classified as separate property, including:

Property owned before marriage

Inheritances and gifts received by one spouse

Compensation from personal injury settlements (excluding lost wages)

If separate and marital assets have been commingled, determining ownership can become complex, often requiring financial tracing and legal expertise.

Challenges in Property Division

Dividing assets fairly can be contentious, especially with high-value assets such as businesses, pensions, and intellectual property. Factors like who contributed funds, when the asset was acquired, and how it was used all play a role in determining ownership and division.

Why You Need a Divorce Attorney?

Dividing assets and debts can be complex. With over 30 years of experience, Hiller Law ensures fair property division through negotiation, mediation, or litigation. If your case focuses solely on property, we can help streamline the process.

We also collaborate with trusted professionals to assess the value of businesses, collectibles, and intellectual property.

For expert assistance in Austin and Central Texas, contact Hiller Law today.