Fort Worth Property Division Lawyer

Protecting Your Financial Future

When a marriage ends, one of the most stressful hurdles is determining who gets what. Whether you are concerned about keeping the home you’ve worked hard for, protecting your retirement savings, or ensuring a family business stays intact, the stakes are incredibly high. At The Clark Law Firm, we understand that property division isn’t just about "stuff"—it’s about your financial security and your ability to start your next chapter on solid ground.

Our goal is to provide clarity in the midst of chaos. Texas law regarding marital assets is unique, and navigating it requires a deep understanding of the "community property" system. We provide the aggressive representation and meticulous attention to detail necessary to ensure your rights are protected throughout the legal process.

Texas Property Division Laws: The "Just and Right" Standard

Many people believe that Texas law requires an exact 50/50 split of all assets. However, the reality is more nuanced. Texas is a community property state, and the Texas Family Code mandates a division that the court deems "just and right."

While a 50/50 split is often the starting point, a judge has the discretion to award a disproportionate share of the estate to one spouse based on several factors, including:

Fault in the breakup of the marriage: Such as adultery or cruelty.
Disparity in earning power: If one spouse has a significantly higher income or better employability.
Health and age of the parties: If one spouse has medical needs or is nearing retirement.
Primary custody of children: Often influencing who remains in the family home.
Wasting of assets: If one spouse spent community funds on a paramour or gambling.

Because the "just and right" standard is subjective, having a skilled attorney to advocate for your specific circumstances is essential.

Separate Property vs. Marital Property

In a Texas divorce, the first step in the division process is characterization. This means identifying which assets belong to the "community" and which belong to the individual.

Community Property (Marital Property)

By law, all property possessed by either spouse during or at the dissolution of marriage is presumed to be community property. This includes income earned by either spouse, homes purchased during the marriage, and even contributions made to retirement accounts during the years of the marriage.

Separate Property

Separate property is not subject to division by a court. It typically includes:

Property owned by a spouse before the marriage.
Property acquired by a spouse during the marriage by gift, devise, or descent (inheritance).
Personal injury recoveries sustained by a spouse during marriage (excluding loss of earning capacity).

The Burden of Proof: If you claim an asset is separate property, the "community property presumption" means you must provide clear and convincing evidence to prove it. This often involves "tracing"—a complex accounting process where we follow the paper trail of an asset from its origin to its current state.

Common Assets in a Divorce

At The Clark Law Firm, we handle cases involving a wide array of assets. No estate is too simple or too complex for our team. Common assets we help divide include:

The Marital Residence: Deciding whether to sell the home and split the proceeds or allow one spouse to "buy out" the other’s equity.
Retirement Accounts: This includes 401(k)s, IRAs, and pensions. These often require a Qualified Domestic Relations Order (QDRO) to divide without incurring tax penalties.
Business Interests: If you or your spouse owns a business or a professional practice, an accurate valuation is critical to ensure you receive your fair share.
Investment Portfolios: Stocks, bonds, and cryptocurrency require careful analysis of their current and future value.
Vehicles and Personal Property: From daily drivers and luxury cars to furniture, art, and jewelry.
Debt: Property division also includes the division of liabilities, such as mortgages, credit card debt, and student loans.

Why You Need a Fort Worth Property Division Lawyer

Choosing to navigate property division alone can lead to costly mistakes. An experienced attorney from The Clark Law Firm serves as your strategist and shield. We assist by:

Discovery: Ensuring your spouse has disclosed all assets and hasn't hidden accounts or undervalued property.
Valuation: Working with appraisers, forensic accountants, and business evaluators to determine the true worth of your estate.
Negotiation: Attempting to reach a favorable settlement through mediation to save you the time and stress of a trial.
Litigation: If a fair agreement cannot be reached, we are prepared to argue your case before a Tarrant County judge to secure a "just and right" outcome.

Property Division FAQs

Can I keep my inheritance?

Generally, yes. Inheritances are considered separate property in Texas. However, if you deposited that inheritance into a joint bank account and used it to pay for community expenses, it may have become "commingled." We can help you determine if it can still be traced and protected.

Is my spouse entitled to my 401(k) if it’s in my name?

The portion of the 401(k) contributed during the marriage is considered community property, regardless of whose name is on the account. The portion contributed before the marriage remains your separate property.

What happens to the debt my spouse ran up?

Debt is treated similarly to assets. If the debt was incurred during the marriage for the benefit of the community, it is usually divided between both parties. If a spouse incurred debt for non-marital purposes (like an affair), we can argue that they should be solely responsible for it.

Do I have to go to court?

Not necessarily. Most property division cases in Fort Worth are settled through mediation. This allows both parties to have more control over the outcome rather than leaving it up to a judge.

Contact The Clark Law Firm Today

Don't leave your financial future to chance. Whether you are facing a high-net-worth divorce or simply want to ensure your personal belongings are protected, The Clark Law Firm is here to help. We provide the local expertise you need to navigate the Tarrant County court system with confidence.

Contact us today to schedule a consultation with an experienced Fort Worth property division attorney.