Besides the emotional stress, dividing property and determining child custody are the most challenging aspects of a divorce. If you are unable to reach an agreement on how to divide the property acquired during your marriage, going to court is the only option. Before making any agreements, it's important to understand certain aspects of property division, especially concerning your home. If your situation has reached this point, your next step is to find the top family divorce attorney in San Antonio, Texas.
Division of community property is a process that takes place in a divorce.
Any property or debts acquired during your marriage will be called community property during the divorce process. In Texas, both parties will receive an equal portion of community assets, even if it may not be deemed fair. It is important to note that property division does not always result in owning half of a car or house. Often, you will be granted half the value of the asset.
Division Of Your Home
This can be a complex matter, especially when children are involved. Even if you have paid for the majority of the house, the spouse who provides the most for the children or spends the most time with them will usually be granted ownership of the house. However, if it is just you and your spouse, the situation can become uncomfortable. If both of you are owners of the house, neither of you has the authority to kick the other out. You may attempt to reach a mutual agreement, but if no compromise can be reached, the court will make a decision on your behalf. To expedite this process and possibly resolve it before the divorce proceedings, you can request a temporary order. To ensure this is done properly, it is advisable to employ the services of the top family divorce lawyer in San Antonio, Texas.
Non-Community Property Division
Non-marital assets refer to possessions and property that you personally paid for or brought into the marriage. If you are the sole purchaser of the house in question and there are no children involved, you have the right to request that your former spouse vacate the premises. However, it is worth noting that although non-marital assets typically remain under your ownership during a divorce, there are instances where these assets may become marital property throughout the course of the marriage. If the value of your home has increased during the marriage, your partner may be entitled to a portion of that appreciation. The same principle may apply if both you and your ex-spouse have contributed to a jointly-owned business. This situation is far from straightforward, but it can be resolved with the assistance of the most competent lawyer specializing in divorce cases in San Antonio, Texas.
Assistance from experts regarding the allocation of assets in property division.
Remember, the higher quality of lawyer you have, the greater likelihood you have of obtaining more favorable outcomes in a divorce. If you assume that any nearby law firm will suffice, you may want to ensure that your former spouse isn't seeking superior representation. Enlisting the top family divorce attorney in San Antonio Texas can have a considerable influence on the circumstances, particularly regarding matters concerning child custody and division of assets.