Property Division in Lewisville, Texas
Lewisville & Flower Mound Divorce Lawyer
Property division is often the most contested part of a divorce. Some couples reach an agreement on their own; others can’t, and the dispute ends up in court. Either way, Haugen Law Firm, P.C. is ready to help. Our attorneys have a thorough understanding of Texas family law and have handled both uncontested and contested property division cases across Denton County since 2007.
If you’re facing a divorce and need to understand your rights to marital property, call us today or request a case evaluation. Remote consultations are available.
What Is Considered “Marital Property” in Texas?
Texas law presumes that all property held at the time of divorce is community property and subject to division. The spouse claiming an asset is separate property bears the burden of proving that claim by a preponderance of the evidence.
Separate property generally includes assets owned before the marriage, gifts and inheritances received during the marriage, property purchased with separate funds, and property assigned to one spouse through a valid prenuptial agreement. Community property includes wages and income earned during the marriage, assets acquired during the marriage, assets obtained on credit, and on-hand assets at the time of divorce.
The Just & Right Division Standard Under Texas Community Property Law
Texas is one of nine community property states in the U.S., which means most assets and debts accumulated during a marriage are subject to division at divorce. What many people don’t realize is that “community property state” doesn’t mean every asset gets split down the middle. Under Texas law, community property is divided according to a “just and right” standard: a court divides assets equitably based on the circumstances of the case, not necessarily in equal halves.
Factors a court may weigh include the length of the marriage, each spouse’s earning capacity, the relative financial condition of each party, and fault grounds if applicable. When fault is proven in the divorce, it can influence how the court divides property and may result in the non-offending spouse receiving a greater share. Because so many variables can affect the outcome, understanding how these factors apply to your situation is a critical part of building a sound legal strategy.
Complex Assets in Lewisville Property Division Cases
Not all marital property is straightforward to identify or divide. Denton County divorce cases frequently involve asset types that require careful analysis before negotiations or litigation can begin.
Common Complex Asset Types
Retirement accounts and pensions are among the most common: dividing them typically requires a Qualified Domestic Relations Order (QDRO), a legal order directing a retirement plan administrator to pay a portion of one spouse’s retirement benefits to the other as part of the settlement. High-net-worth divorces, investment accounts, real property including the family home, and marital debt such as mortgages, credit card balances and personal loans all add layers of complexity to the process.
Debt, Disclosure, & Hidden Assets
Marital debt is divided alongside assets. A divorce decree may assign specific debts to one spouse, but creditors aren’t bound by that decree if the account is jointly held, which means both parties can remain liable to the lender regardless of what the decree states. Texas law requires full financial disclosure from both parties during divorce proceedings. Post-divorce property division changes and can result in the court awarding a greater share of remaining assets to the non-concealing spouse. When there is reason to believe assets haven’t been fully disclosed, our attorneys are prepared to pursue discovery to bring them to light.
Negotiation & Litigation in Denton County
Mediation is a common and often court-encouraged step in Denton County divorce cases, giving spouses the opportunity to negotiate property division terms with a neutral third party before the matter goes to trial. We take a preparation-focused approach to every case, working to identify all assets and debts before negotiations or litigation begin. Depending on what the circumstances require, we’re ready to resolve cases through negotiated settlement or advocate for you in court.
Why Lewisville Clients Choose Haugen Law Firm, P.C. for Property Division
The sooner you speak with a lawyer from our firm, the more prepared you can be when it comes to protecting your assets. Founding attorney John Haugen is a West Point graduate and former U.S. Army Captain, honorably discharged in 1989. That military background shapes the disciplined, preparation-centered approach we bring to every case, including Lewisville property division matters. John Haugen also completed a Harvard Law School Master Class in Negotiation in November 2015, adding a formal foundation for the settlement work that resolves many cases before trial.
We’ve been voted Best Attorney/Law Firm by Star Local Media and recognized among the Top 3 Best Criminal and Family Law Firms in Denton County by Best of Denton County. We develop customized legal strategies for each client rather than applying a one-size-fits-all approach. Military members, first responders, and teachers are eligible for significant discounts as part of our commitment to those who serve their communities. Remote consultations are available for clients who can’t come to the office.
Contact our firm today to schedule a consultation and discuss the next step in your property division matter.
What Our Clients Are Saying
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"Working with this firm was seamless, efficient, and super-friendly."Working with this firm was seamless, efficient, and super-friendly. Wills and trusts were new to us, and we walked away from the experience with everything we needed as well as a much more thorough understanding of the details behind them. As an added bonus they were part of my company's legal benefits network. I would highly recommend this firm for your needs.
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"Staff was always professional and on point with my case."Connor was great to work with, has a solid understanding of my needs and rights and was clear about laying them out for me to understand and make the best decision possible. Staff was always professional and on point with my case, Not to mention Connor was lights out in court and was very professional and had my case well put together. Highly recommended !
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"Conner is exactly the lawyer you want in the trenches with you representing you in a divorce, or any case, for that matter."I don't even know where to begin to describe the amazing job accomplished by Conner and the Haugen Law Firm Team in my divorce case that spanned the course of nearly 4 years! Conner is exactly the lawyer you want in the trenches with you representing you in a divorce, or any case, for that matter. His work is thorough, very organized, professional, detailed, aggressive, and effective- a true class act! Conner and the whole team put me at ease during the most difficult time in my life. No human should have to go to court the extreme amount that I had to in my very litigious divorce, but I was always confident with Conner as my representation and advocate. Hiring him was the best decision I made in this whole process. I am forever grateful to Conner and the whole Haugen Law Firm team for their hard work and dedication in my case. Highly recommend!
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"Haugen Law Firm, P.C. is a respectable group."Haugen Law Firm, P.C. is a respectable group. Connor was very kind and understanding in all aspects of my case. He explained how the case would be handled from the very beginning, and through the complete process. As for my part, once the process to stop income withholding started, I mainly stayed quiet and let them do their job. All necessary communications throughout the process were very concise. I will likely be calling on Connor again in the near future to handle my estate planning. I am very grateful for their help.
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