Ellis County Property Division Attorneys
Serving Ellis County, Johnson County, and Tarrant County
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Robin McCarty worked diligently with me to overcome a serious accusation. We collaborated together to unequivocally dismiss the charges with impunity. As is common when dealing with municipalities, this process took time and patience. Robin’s team was communicative, responsive and thoughtful while handling this intense situation. I highly recommend giving McCarty-Larson the opportunity to work through your case.
- Pablo Valdes
They help me through my divorce last year. It’s not easy mentally and physically but they had Great customer service any and every questions I had they answered my questions walk me through the whole process thank you and your team for all y’all did for me . What are you waiting for just call and see for yourself
- Aaron Herrera
From the first phone call late on a Friday afternoon to the successful out come of our legal issue, our family has had nothing but praises for the entire staff at McCarty-Larson. Always available, honest and upfront about the whole process. Mr. McCarty is an experienced and knowledgeable attorney with whom we always felt secure. And he genuinely cared about our family member. Robin and Natalie are a great team. Hayley was always very helpful too. Thank you to the entire staff and firm.
- Neil Phillips
Best in Ellis County! Daniel Morton, Amanda Nail, and the team at McCarty-Larson are incredibly responsive, ensuring quick and efficient handling of my case. Their staff was not only professional but also empathetic, guiding me through a challenging time. Despite the difficulties throughout my case, they prioritized my time, my needs, and got me a fair agreement that made everyone happy. Highly recommend for anyone navigating family legal matters.
- Jillian Bailey
When you choose McCarty-Larson, you're choosing a legal team that will stand by you every step of the way.
Learn MoreDivorces often involve dividing assets and property, which can be a challenging part of the process. At McCarty-Larson, PLLC, we understand that property division in divorce cases can be complex, and we are here to help guide you through every step. In Ellis County, the approach to dividing assets is influenced by state laws, and having knowledgeable attorneys by your side can make a significant difference.
What Is Property Division in Divorce?
Property division during a divorce involves splitting up the assets and debts accumulated during the marriage. This process aims to fairly distribute these items between both parties. The state of Texas follows community property laws, meaning that most assets and debts acquired during the marriage are considered jointly owned and thus subject to division. However, the division is not always a simple 50/50 split. Instead, it is based on what is deemed fair and equitable, taking various factors into account.
Commonly Divided Assets
In a divorce, several types of assets and property are commonly divided. One of the most significant is real estate, which includes the family home or any other properties owned by the couple. Real estate can be particularly challenging to divide due to its value and the emotional attachment that often accompanies it.
Another common asset in divorce proceedings is financial accounts. This category includes savings accounts, checking accounts, and retirement accounts. Retirement funds, such as pensions or 401(k) plans, require careful consideration and valuation, as they represent long-term investments and savings.
Personal property, including household items, vehicles, and valuable collectibles, also falls into the division process. These items are often divided based on their value and personal significance to each party. For example, family heirlooms or valuable art pieces may be of higher sentimental value and could influence how they are divided.
Business interests are another critical asset that may be subject to division. If one or both spouses own a business, the value of the business and its assets must be evaluated. This process can be intricate, requiring detailed financial analysis to ensure a fair division.
How Property Division Is Handled
In Ellis County, property division begins with the identification and valuation of all marital assets and debts. Both parties must disclose their financial information fully. This transparency is crucial to ensure that all assets are accounted for and fairly divided.
Once assets and debts are identified, the division process involves negotiations and sometimes legal proceedings. The goal is to reach a fair settlement that considers each party’s contributions to the marriage and future needs. Mediation or arbitration may be used to resolve disputes and facilitate a fair agreement.
In cases where the parties cannot agree on their own, the court may intervene. The judge will review the case, considering various factors, including the length of the marriage, the financial situation of each party, and any special circumstances that may affect the division.
Mistakes to Avoid When Getting Divorced in Ellis County
Divorce can be a challenging and emotional process, especially when it comes to dividing assets. Understanding common mistakes can help you navigate this difficult time more effectively. Here’s a guide to help you avoid common pitfalls and ensure a fair division of property.
Not Gathering All Financial Information
One of the biggest mistakes people make during a divorce is failing to collect all financial information. It’s essential to gather documents such as bank statements, tax returns, and records of any investments or debts. Without a complete financial picture, you might not get a fair share of the property.
Underestimating the Value of Shared Assets
Another mistake is not properly valuing shared assets. Homes, cars, and retirement accounts can have significant value. Failing to get a proper appraisal or not fully understanding the value of these assets can result in an unfair division. It’s crucial to assess the value of these items accurately to ensure that your share is just.
Ignoring Legal Advice
Some people choose to handle their divorce without legal advice, thinking they can save money. However, not getting advice from an experienced attorney can lead to poor decisions about property division. Legal advice can help you understand your rights and ensure that you’re making informed choices.
Making Emotional Decisions
Divorce can be emotionally taxing, and making decisions based on emotions rather than facts can be detrimental. It’s important to remain focused on the facts and not let feelings drive your decisions about property division. This approach can help you reach a fair settlement and avoid unnecessary conflicts.
Not Considering Tax Implications
Dividing assets can have tax consequences that many people overlook. For example, withdrawing funds from retirement accounts or selling property might impact your tax situation. Understanding these implications can help you avoid unexpected tax bills and make better financial decisions.
Frequently Asked Questions About Property Division in Ellis County, TX
What factors are considered in the property division process during a divorce in Ellis County?
In Ellis County, the division of property during a divorce is guided by principles of fairness and equity. The court examines various factors, including the length of the marriage, the financial contributions of each spouse, and the needs of any children involved. The court aims to ensure an equitable distribution of marital assets, which may not always equate to a 50/50 split but rather what is fair given the circumstances of each party.
How is marital property defined in Texas, and how does it affect my divorce case?
In Texas, marital property includes all assets and debts acquired by either spouse during the marriage, except for property received by gift or inheritance. This can include real estate, bank accounts, retirement funds, and other personal property. During a divorce, all marital property is subject to division. Separate property, which is owned by one spouse prior to the marriage or received through inheritance, is not subject to division. Understanding the distinction between marital and separate property is crucial for a fair property division outcome.
What should I do if I believe my spouse is hiding assets?
If you suspect that your spouse is concealing assets, it is important to address these concerns with your attorney. They can assist in conducting a thorough investigation, which may involve financial disclosures, forensic accounting, and other methods to uncover hidden assets. Full disclosure of assets is required by law, and any attempts to hide or misrepresent property can have legal consequences.
How does the court determine alimony or spousal support in Ellis County?
The court in Ellis County considers several factors when determining whether alimony or spousal support should be awarded, including the financial needs of the requesting spouse, the paying spouse’s ability to provide support, and the duration of the marriage. The goal of alimony is to ensure that the lower-earning or non-working spouse can maintain a reasonable standard of living post-divorce. The court will also consider the contributions each spouse made to the marriage, both financially and non-financially.
What are the options for dividing retirement accounts during a divorce?
Dividing retirement accounts in a divorce can be complex. In Ellis County, retirement accounts acquired during the marriage are considered marital property and are subject to division. Typically, this involves creating a Qualified Domestic Relations Order (QDRO), which allows for the division of retirement benefits without incurring penalties or taxes. It is essential to work with a knowledgeable attorney to ensure that the division of these accounts is handled correctly and in compliance with relevant laws.
What should I do if I believe my spouse is hiding assets?
If you suspect that your spouse is concealing assets, it is important to address these concerns with your attorney. They can assist in conducting a thorough investigation, which may involve financial disclosures, forensic accounting, and other methods to uncover hidden assets. Full disclosure of assets is required by law, and any attempts to hide or misrepresent property can have legal consequences.
What if my spouse and I cannot agree on how to divide our property?
If you and your spouse are unable to reach an agreement on property division, the court will step in to make the final decisions. However, many disputes can be resolved through negotiation or mediation, where a neutral third party helps facilitate a compromise. Working with an experienced attorney can improve the likelihood of reaching a settlement without the need for a court trial, saving time and reducing stress.
Ellis County Property Division Client Story
This client story is for educational purposes only.
Jackie felt the weight of the world on her shoulders as she walked through the courthouse doors in Ellis County. The emotional toll of her divorce was heavy, but it was the worry about how to fairly divide their rental properties that kept her up at night. For years, she and her soon-to-be ex-husband had managed a small portfolio of rental homes, and Jackie was afraid she’d end up with less than her fair share.
Her heart raced as she remembered the countless hours she spent managing those properties, handling repairs, and dealing with tenants. It was her work and dedication that helped build their rental business. Now, as she faced this new chapter, she needed someone who would fight to ensure she received what she deserved.
That’s when she met Bria Larson from McCarty-Larson, PLLC. From their first meeting, Bria’s calm and reassuring demeanor gave Jackie a glimmer of hope. Bria listened attentively, understanding not just the legal aspects of Jackie’s situation but also the emotional struggle she was going through.
Bria took the time to explain how property division worked and reassured Jackie that her contributions to their rental business were important. She knew the complexities of Ellis County property division and was ready to tackle the challenges head-on. Bria developed a strategy that reflected Jackie’s hard work and ensured her voice was heard during the divorce proceedings.
As the legal process unfolded, Bria worked tirelessly. She gathered evidence, negotiated with Jackie’s ex-husband’s legal team, and advocated for a fair division of the rental properties. Jackie could finally see the light at the end of the tunnel. With Bria’s guidance, she felt empowered and confident, knowing that her lawyer was committed to getting her a fair share of what she rightfully deserved.
Bria Larson secured a fair division of the properties, giving Jackie the peace of mind she desperately needed. Jackie walked away with a sense of justice and relief, knowing that her years of hard work had been recognized and valued.
Contact McCarty-Larson, PLLC Today for Property Division Help in Ellis County
If you or a loved one is going through a divorce in Ellis County and need assistance with dividing assets and property, McCarty-Larson, PLLC is here to help. Our team understands that dividing property can be a complex and emotional process. We are committed to working diligently to protect what you value most. Whether it’s your home, savings, or personal belongings, we are dedicated to ensuring that your interests are well-represented.
Navigating property division during a divorce requires careful consideration and attention to detail. At McCarty-Larson, PLLC, our Ellis County property division attorneys will guide you through each step, helping you understand your rights and options. We aim to make the process as smooth and fair as possible, advocating for a resolution that meets your needs and preserves your interests.
We know that this is a challenging time, and you deserve a team that will fight for what matters to you. Contact McCarty-Larson, PLLC today to discuss how we can support you in securing a fair property division outcome.
Client Reviews
They help me through my divorce last year. It’s not easy mentally and physically but they had Great customer service any and every questions I had they answered my questions walk me through the whole process thank you and your team for all y’all did for me . What are you waiting for just call and see for yourself.
Aaron Herrera
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Ellis County including the cities of Ennis, Waxahachie, Midlothian, Red Oak, Ferris, Palmer, Italy, Milford, Maypearl, Garrett, Pecan Hill, Alma, Oak Leaf, and Bardwell.
Johnson County including the cities of Cleburne, Burleson, Joshua, Keene, Alvarado, Godley, Grandview, Venus, Rio Vista, Briaroaks, Cross Timber, Coyote Flats, and Joshua.
Tarrant County including the cities of Fort Worth, Arlington, Grand Prairie, Mansfield, Euless, North Richland Hills, Bedford, Grapevine, Haltom City, Keller, Hurst, Southlake, Colleyville, Saginaw, Watauga, White Settlement, Azle, Forest Hill, Lake Worth, Richland Hills, River Oaks, Sansom Park, Westworth Village, Benbrook, Crowley, Blue Mound, Edgecliff Village, Everman, Pantego, Dalworthington Gardens, and Kennedale.
Dallas County including the cities of Dallas, Garland, Irving, Grand Prairie, Mesquite, Carrollton, Richardson, Rowlett, DeSoto, Duncanville, Cedar Hill, Lancaster, Farmers Branch, Balch Springs, Coppell, Seagoville, Glenn Heights, Sachse, Wilmer, Hutchins, Addison, Sunnyvale, Cockrell Hill, Highland Park, and University Park.
