One of the most frustrating aspects of divorce is watching everything you have built over the years come tumbling down during the property division process. You have worked hard for years and just want what is rightfully yours. If you're looking for a property division lawyer in San Antonio Michael King is here to help.

Texas is a community property state meaning all income earned and property acquired by either spouse during the marriage belongs to both spouses equally. Debts are also considered part of the community estate and belong to both spouses equally. During a divorce, the community property and the obligation to the community debt must be split equally between the spouses. The court may order an unequal distribution of the community property if there are “just and right” reasons the assets should be distributed differently. In Texas, Community property is any property acquired or earned during marriage that isn’t separate property.

Separate property includes anything that belonged to one spouse prior to marriage and was singled out and kept separate throughout the marriage. Gifts to one spouse and inheritance is also separate property. Money received by one spouse in a personal injury lawsuit or settlement is separate property unless it is awarded to compensate for the loss of earning capacity during the marriage. That portion of the award paid for lost earning capacity is community property.

The court has discretion to distribute the community property in whatever way it believes is fair, but there must be a reasonable basis for a distribution that's not equal. To determine whether the presumption of equal division should be adjusted, the court may consider factors such as the education, ages, and health of the spouses, as well as their respective earning capacities, skills, and business opportunities. The court may also look at whether a spouse is the primary caregiver for the couple’s children, and the amount of separate property each spouse owns, among other facts and circumstances. Whether one spouse was at fault in causing the marriage to fail is also a factor if the just considers it important.

There can be a lot to consider when dividing property. Mr. King understands the law and how to fight for your future.