Dividing assets in a Texas divorce requires precision, especially in a community property jurisdiction like Southlake. At Mims Ballew Hollingsworth, our Southlake property division lawyers guide you through the complexities of safeguarding homes, retirement accounts, businesses, and investments. Whether you’re navigating high-net-worth disputes or protecting separate property, we prioritize clarity and fairness.
Texas law presumes all assets acquired during marriage are community property—split 50/50. However, exceptions exist for separate property (assets owned before marriage, inheritances, or gifts). Proving separate claims requires meticulous documentation, especially if funds were commingled with marital accounts.
Property division is rarely straightforward. Below are critical issues our clients face—and why skilled legal guidance matters:
If you contributed to a 401(k) or pension during the marriage, those funds are likely community property. Dividing them requires a Qualified Domestic Relations Order (QDRO) to avoid IRS penalties. Without proper legal oversight, early withdrawals could trigger unexpected taxes.
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How do you demonstrate an inheritance remained separate? What if your spouse claims a business started during the marriage is entirely theirs? We collaborate with forensic accountants to trace paper trails, validate ownership, and counter false claims.
Selling a home or liquidating investments? The tax consequences of dividing assets can outweigh their face value. For example, keeping the family home might mean sacrificing liquidity from stocks. We work with CPAs to model scenarios that protect your long-term financial health.
Assets received as gifts or inheritances are typically separate—unless deposited into joint accounts or used for shared expenses (e.g., renovating a marital home). We secure documentation like wills or trust agreements to shield these assets.
Are you liable for your spouse’s credit card debt or student loans? In Texas, debts incurred during the marriage are generally split equally. However, separate debts (e.g., pre-marital loans) remain with the borrower.
Refinancing a home or business to remove a spouse’s name requires lender approval. We negotiate terms to avoid foreclosure risks and ensure compliance with court orders.
Even if you’ve been living apart, assets acquired before the divorce decree are still marital property. Hidden purchases or debts could resurface years later without legal safeguards.
If you own a business, courts may award your spouse a portion of its growth during the marriage. We structure buyouts, valuation adjustments, or equity shares to minimize disruption.
Property division can be highly complex and often is not straightforward, especially in a high-asset divorce. High net worth divorces tend to be different than divorces with fewer assets for a variety of reasons.
With over 100 years of combined experience, our team:
Don’t leave your financial future to chance!
Contact us and request a consultation to start strategizing with our property division attorneys today!
We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.
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Provide deeds, bank statements, or gift/estate documents. Witness testimony (e.g., family members) may also help.
We petition for subpoenas, forensic audits, and penalties. Texas allows courts to award hidden assets to the wronged spouse.
Not necessarily. A QDRO allows tax-free division of 401(k)s or pensions. We ensure compliance with IRS and plan administrator rules.
Courts prioritize children’s stability but may require refinancing to remove your spouse’s name from the mortgage.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.
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