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.