At the Rosales Law Firm in El Paso, Texas, we handle a wide range of property division matters for clients facing divorce and separation. With more than 50 years of combined experience, our lawyers have the skill and knowledge to handle complex, high-asset property division matters. We will work to ensure that your rights and your financial future are protected.

Contact us today online or by telephone at 915-219-5516. Our El Paso marital property division attorneys represent clients throughout El Paso and surrounding areas, including military members stationed at Fort Bliss.

Texas Community and Separate Property

Texas is a community property state, meaning there is a presumption by the law that all property obtained during marriage belongs equally to each spouse and should be divided equally upon divorce. There are some exceptions to this rule. For instance, money inherited during marriage is considered separate property. Generally, money and assets obtained before marriage remain separate property as well.

In El Paso divorces, community property generally includes all assets acquired during the marriage, regardless of which spouse’s name appears on the title. This includes:

• Wages
• Real estate purchased during the marriage
• Retirement benefits earned during the marriage
• Business interests developed after marriage
• Vehicles bought with marital funds

For example, even if only one spouse worked outside the home, Texas law recognizes that both spouses contributed to acquiring these assets.

Conversely, separate property remains solely with its original owner after divorce. This includes assets owned before marriage, gifts specifically given to one spouse, personal injury settlements (except for lost wages) and inherited property. For example, if you inherited a family heirloom or received a monetary gift specifically addressed to you alone, these items generally remain your separate property.

Because there is a presumption that property obtained during marriage is community property, you must make a claim to the court if you wish to claim separate property. Our divorce attorneys can inform you of your rights in regard to community and separate property in Texas. We will offer sound legal guidance and determined advocacy in helping you prepare for a financially stable post-divorce life.

Property Division Process in El Paso County

During an El Paso divorce, all community property is subject to division. In these cases, courts examine the following factors:

• The length of marriage
• Each spouse’s education and earning capacity
• Health and age, contributions to family care
• Fault in the breakdown of the marriage
• Tax consequences
• Any wasting of marital assets by either spouse

The court’s goal is to help ensure a just and right division of the estate, which may not always mean a perfect 50/50 split.

Common Challenges in Property Division Cases

These obstacles can complicate property division in El Paso:

• Hidden assets or undisclosed accounts
• Disagreements over property valuation
• Complex retirement account division
• Commingling of separate and community property
• Determining ownership of intellectual property
• Division of military benefits

These challenges require a skilled attorney to help you navigate properly and protect your financial future.

How Rosales Law Firm Can Help

With our extensive experience in El Paso property division cases, we provide thorough asset identification, accurate property valuation and strategic negotiation to protect your financial interests. We excel in untangling complex property issues while ensuring you receive a fair settlement.

The first step toward protecting your property rights starts with connecting with one of our experienced property division lawyers via 915-219-5516. Rosales Law Firm offers a confidential, no-obligation consultation.