Property Division

Property Division Attorney in San Antonio

Divorce and Property Division Attorney

There are three factors to consider when you are dividing property between you and your soon-to-be former spouse during a San Antonio divorce: what is considered community property, what is the value of each item of the community property, and how such as assets should be divided taking into account the circumstances of the parties, i. e. earning capacity, disability etc. Since community property can range from furniture to retirement accounts to the equity in a home, it is essential that you have the right tools at your disposal to protect yourself from being manipulated out of your equitable share.

As you begin negotiations for your divorce settlement, make sure that you and a San Antonio divorce and property division attorney have a thorough understanding of what items are community property and what items qualify as separate property. Keep in mind that items and assets owned prior to the marriage, as well as gifts, are considered separate property that your former spouse cannot take away from you. And yes, this means that your former spouse cannot ask for your ring back!

Before you and an experienced divorce and property division attorney begin negotiations, it is important to prepare your own research of the value of different items and assets within the community property. With this, you will be able to prioritize what is important to you so that your attorney can strategically devise a plan to ensure that you have the divorce settlement that you deserve.

Property Division Enforcement Attorney

After a divorce settlement is finalized, it may feel like the worst is finally over – but what if your former spouse fails to comply with the agreement? If you have not finalized your divorce settlement with your spouse, but you are concerned about this issue, then the best preventative measure is to include appropriate clauses in your divorce decree detailing how the property division will be accomplished. By having a San Antonio property division enforcement attorney write up the divorce decree, you will ensure that your former spouse is held accountable if they fail to follow the divorce settlement, unless they want to incur penalties.

However, if the divorce settlement has already been finalized and your former spouse is not complying with the terms, you will need to go back to court so that a San Antonio court will legally force them to comply. Some ways in which the courts will force your former spouse to comply with the terms are seizure of assets,  bank account garnishment, eviction, transfer of liability (such as debts), and civil or possibly even criminal penalties. Of course, make sure to express to your property division enforcement attorney what you are hoping to receive during the trial. For instance, if you need financial support, it is better to garnish a bank account than send your former spouse to jail!

Steve Hearne, Attorney at Law, provides the exemplary service in San Antonio, Bexar County and surrounding areas.