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. Business ownership interests, 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. Concealing assets is illegal 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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"I cannot thank them enough for all their support and patience with me during the process with all of my questions and walking me through the long process."I researched and wanted a lawyer familiar with military families and the Haugen Law Firm was it! I had so many different factors in my divorce and child custody, and you truly get what you pay for. I am so thankful to have found them and for all the guidance and help through the process. I cannot recommend Connor and Delaney more! This is already a stressful situation and to be able to have a team to help me better understand the ins and outs of the legal tidbits and process helped. It was well worth the cost and even though it feels expensive I know without a doubt that my divorce and custody was done right, and the paperwork shows it. They helped me think of things a regular divorce lawyer wouldn't know due to being a military family. If I need legal help again, I will be coming back for sure! I cannot thank them enough for all their support and patience with me during the process with all of my questions and walking me through the long process.
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"I cannot recommend Connor and Delaney more!"I researched and wanted a lawyer familiar with military families and the Haugen Law Firm was it! I had so many different factors in my divorce and child custody, and you truly get what you pay for. I am so thankful to have found them and for all the guidance and help through the process. I cannot recommend Connor and Delaney more! This is already a stressful situation and to be able to have a team to help me better understand the ins and outs of the legal tidbits and process helped. It was well worth the cost and even though it feels expensive I know without a doubt that my divorce and custody was done right, and the paperwork shows it. They helped me think of things a regular divorce lawyer wouldn't know due to being a military family. If I need legal help again, I will be coming back for sure! I cannot thank them enough for all their support and patience with me during the process with all of my questions and walking me through the long process.
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"Conner is an exceptional young lawyer"
Conner is an exceptional young lawyer who works tirelessly to achieve the best results for his clients.
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"I would not hesitate to recommend their services."I highly recommend this firm for anyone needing guidance on wills and trusts. As a client with limited background in this area, I was impressed by their ability to make the process so clear and efficient. The team was both professional and personable, ensuring we were confident and well-informed by the end. Their inclusion in my company's legal benefits plan was an added convenience. I would not hesitate to recommend their services.
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"Assured That I Am In Good Hands"I had no idea how this all would work. But, no matter how small and confusing my questions were they were all treated with importance and taken seriously. I was never pushed, but was always assured that I am in good hands. I was able to trust John, which is rare. I have no second thoughts about having him as my lawyer or recommending him to my loved ones.
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"John and Delaney put me at ease and took the stress out of my situation."Divorce is a very stressfull life event. John and Delaney put me at ease and took the stress out of my situation. I cannot stress enough how at ease they made me feel, knowing that everything was handled. They gave me the confidence that we could, and did, get what I needed and was asking for quickly without going to court. Thank you Haugen Law!!- Gary
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"Honest and Straight Forward"Mr. Haugen was very straight forward and looked at all the factors that could affect me case. He acted on the matter quickly and it was immediately addressed. I appreciate his honest and straight forward demeanor.
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"If you need legal assistance, choose the Haugen Law Firm."Truly a wonderful experience working with the Haugen Law Firm. They did a terrific job of helping me navigate my legal issue from helping me understand the options I had to getting the desired outcome. If you need legal assistance, choose the Haugen Law Firm.