Division of Assets & Debts
Division of Assets & Debts in Texas Divorce
Experienced San Antonio Divorce Attorney Protecting Your Financial Interests
Dividing marital property and debts is one of the most challenging aspects of divorce. Texas is a community property state, meaning that most assets and liabilities acquired during the marriage are subject to division. However, determining what is fair and equitable requires a deep understanding of state law, financial analysis, and strong negotiation skills.
At The Castro Law Office, we help clients navigate complex asset and debt division to ensure a fair outcome that protects their financial future. If you are facing a divorce in San Antonio, contact us today for a confidential consultation.
Understanding Community vs. Separate Property
Under Texas law, marital property is divided into two categories:
✔ Community Property – Assets and debts acquired during the marriage that are presumed to be jointly owned. These include:
- Income earned by either spouse
- Real estate, businesses, and investments acquired during marriage
- Retirement accounts and pensions accumulated during marriage
- Vehicles, furniture, and other shared property
- Debts such as credit cards, mortgages, and loans acquired during marriage
✔ Separate Property – Assets and debts that belong solely to one spouse and are not subject to division, including:
- Property owned before marriage
- Inheritances and gifts received individually
- Personal injury settlements (except for lost wages or medical expenses)
- Certain retirement or investment accounts established before marriage
While community property is generally divided equitably, it does not always mean a 50/50 split. The court considers various factors to determine a fair division.
Factors Considered in Asset & Debt Division
Texas courts evaluate multiple financial and personal factors when dividing assets and debts, including:
✔ Length of the marriage – Longer marriages often result in more complex asset division.
✔ Each spouse’s income and earning potential – Disparities in income may impact the distribution of assets.
✔ Who contributed to acquiring or maintaining assets – Contributions as a homemaker or primary breadwinner matter.
✔ Custody of children – The parent with primary custody may receive a larger share of assets like the marital home.
✔ Fault in the divorce – If one spouse’s misconduct (e.g., adultery, fraud, or waste of assets) led to the divorce, they may receive a smaller share.
✔ Separate property claims – The ability to prove that an asset should not be divided is crucial.
✔ Business ownership – Dividing a family business requires detailed valuation and negotiation.
Because no two divorces are alike, working with an experienced attorney is essential to securing a fair financial settlement.
High-Value & Complex Asset Division
Our firm specializes in handling high-net-worth divorces that involve:
✔ Business & Professional Practices – Valuation and protection of business interests.
✔ Retirement & Pension Accounts – Division of 401(k)s, IRAs, pensions, and military benefits.
✔ Investment Portfolios – Stocks, bonds, mutual funds, and cryptocurrency assets.
✔ Real Estate Holdings – Primary residences, rental properties, vacation homes, and commercial real estate.
✔ Debt Allocation – Ensuring a fair distribution of credit card debt, mortgages, and loans.
We work closely with financial experts, forensic accountants, and valuation specialists to ensure that every asset and debt is accounted for and properly divided.
Protect Your Financial Future – Contact Us Today
A divorce should not leave you financially vulnerable. At The Castro Law Office, we fight for our clients to ensure fair asset and debt division while protecting their long-term financial well-being. Whether through negotiation, mediation, or litigation, we will develop a strategy tailored to your unique situation.
📞 Contact us today for a consultation and take control of your financial future.