Austin Property Division Lawyer

Divorce Property Settlement Attorney
Marital Property Rights Lawyer

When dividing marital assets, Texas law requires an equitable distribution of assets. In most cases, that will mean a 50/50 split of marital property. Your divorce property settlement attorney at Slater & Kennon can answer your questions and concerns about a property settlement.

• What does "equitable distribution" mean in your case? While the courts generally split marital property in half, other circumstances can change that. If one spouse stayed home during the marriage or has a lower earning capacity, the distribution may be affected. A fault-based divorce (a finding of adultery or domestic violence, for example) can change the division of assets.
• What if assets are hidden? Both parties in a divorce are required by Texas law to disclose all assets. Even after a divorce is final, if a hidden asset is discovered, the case can go back to the judge. Hiding assets is illegal and risky and can result in a total loss of that asset. If you have questions about what a marital asset is, contact a property division lawyer at Slater & Kennon.
• How are assets valued? If one spouse wants to keep the marital home, the house will be valued and other assets of equal value will be awarded to the other spouse. If one or both spouses own a business, a business valuation will be required.
• What about other assets? Retirement accounts, stock options, and all other assets must be disclosed in a divorce. In addition to community property, a spouse may also own separate property. If funds from separate property of a spouse are used to enhance a community asset, there may be a right of reimbursement or economic contribution to the separate estate. The same is true if community funds are used to enhance the separate property estate of a spouse. Talk to the Slater & Kennon law firm about your circumstances.
• Will the divorce involve alimony? Depending on the length of the marriage, the earning capacities of the spouses, and the employability of the spouses, temporary or post-divorce alimony (spousal maintenance) may be awarded. Talk to an alimony lawyer about your situation.

Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.