Division of Property Lawyers in San Antonio
When you are going through a divorce, one of the most important aspects of the process can be the division of assets. The division of property and assets can be a process that is much more manageable if you work with an experienced lawyer. A property division lawyer will be able to help you create an agreement that is acceptable for both parties or can at least fight for your rights in a court of law. Before you begin the process of dividing assets, it is helpful to know the basic laws in San Antonio surrounding equitable division of the assets after a marriage ends.
After a marriage ends, the goal of a court is to divide the marital property in an equal fashion. Marital property is property that has been acquired throughout the marriage by either spouse. There may be an unequal division of marital property if a judge finds that there is a justification for the unequal treatment of this property.
What is a Marital Asset?
There are certain exceptions for property that is not considered marital assets. These exceptions include property that was received through a gift, bequest, or devise. If a spouse inherits money, then this will not be considered an asset of the marriage. However, the money may be considered a marital asset if it has been placed into an account that is jointly owned by both spouses. For a piece of property like a home, it may be considered a non-marital asset if the home is placed in only one spouse’s name and segregated from the rest of the marital assets.
Marital assets may also include the appreciation of nonmarital assets that are the result of the other spouse’s work during a marriage. Interspousal gifts are also considered marital assets. Also, any benefits that are accumulated in a marriage through a retirement plan or pension plan will also be considered a marital asset.
After distinctions have been made as to which property is considered marital property and non-marital property, then a court will consider some specific factors to move forward in the equitable distribution of marital assets. To determine how to equally divide property, a court will consider the following factors:
- The contribution of each spouse to the marriage
- The care for children provided by a spouse
- The care provided by a homemaker
- The economic circumstances of a spouse
- How long the marriage lasted
- Sacrifices made by a spouse
Get Help from a a San Antonio Asset Division Attorney Today!
These are the most important factors that a court will consider to determine a division of the assets that ensures justice for each party. Every case is different, and you may have specific factual circumstances that warrant a deviation from the traditional equitable division of the assets. For example, perhaps funds from a marriage were used to improve a piece of property that was only in one spouse’s name. In this case, a court will consider the enhancement to be a valued asset that is shared between both of the spouses in the marriage. When you hire a San Antonio property division lawyer you will be able to have better guidance as to how these types of issues will be resolved by a court. Call 210-390-0742 today to set up an initial consultation and get your questions answered.