Tarrant County Property Division Attorneys
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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.
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Tarrant County Property Division Attorneys
Serving Ellis County, Johnson County, and Tarrant County
Dividing assets and property during a divorce can be one of the most challenging aspects of ending a marriage. In Tarrant County, property division is governed by the principle of equitable distribution. This means that the court will aim to divide marital property fairly, though not necessarily equally. Each party will need to address the division of assets and debts acquired during the marriage. The goal is to ensure that both parties receive a fair share of the marital estate. At McCarty-Larson, PLLC, we are dedicated to guiding clients through the complexities of property division, ensuring that their rights are protected and that the division process is handled fairly and effectively.
Types of Assets Commonly Divided
During divorce proceedings, various types of assets are considered for division. These include real estate, vehicles, bank accounts, retirement funds, and personal property. Real estate often includes the family home, vacation properties, and any other properties acquired during the marriage. Vehicles such as cars, trucks, and boats are also part of the marital estate and need to be divided.
Bank accounts, which may include savings and checking accounts, are scrutinized to determine which funds were accumulated during the marriage. Retirement accounts like 401(k)s and pensions are also subject to division. These accounts can be complex to divide, as they may involve intricate legal and financial considerations. Personal property, such as furniture, jewelry, and collectibles, can also be divided. Each asset needs to be evaluated for its value and importance to each party.
Factors Influencing Property Division
In Tarrant County, several factors influence how property is divided. The length of the marriage plays a significant role, as longer marriages may result in a more equitable distribution of assets. Each party’s financial contributions and economic circumstances are also considered. The court will look at who contributed what to the acquisition of assets and whether one party has a greater financial need.
Another factor is the presence of any prenuptial agreements or other legal documents that may dictate how property should be divided. These agreements can provide clear guidelines and can affect how the assets are divided. Additionally, the court will consider any misconduct or fault in the marriage that may have contributed to the divorce.
Dealing with Complex Assets
Some assets are more complex to divide than others. For example, businesses owned by one or both parties may require a business valuation to determine their worth. Intellectual property, such as patents or copyrights, may also need to be assessed. Valuing and dividing these assets can be intricate and often requires professional assistance.
Retirement accounts can be particularly challenging to divide. The process often involves drafting a Qualified Domestic Relations Order (QDRO), which is a legal document that outlines how the retirement benefits will be divided between the parties. This document must be approved by the retirement plan administrator to ensure proper division.
Steps to Take During Property Division
When navigating property division, it is essential to take several steps to ensure a fair process. First, both parties should create a comprehensive list of all marital assets and debts. This list should include detailed information about each asset’s value and ownership. It is often helpful to gather documents such as bank statements, property deeds, and tax returns to support the division process.
Next, parties should consider seeking professional advice to help with asset valuation and division. Financial specialists and legal professionals can provide valuable assistance in evaluating complex assets and ensuring that all legal requirements are met.
Finally, parties should work towards reaching a settlement agreement that outlines how the assets will be divided. If an agreement cannot be reached, the matter may need to be resolved in court, where a judge will make the final determination.
Mistakes to Avoid When Facing Divorce
When considering or going through a divorce, especially involving property division, making informed decisions is crucial. Mistakes can lead to complications and unfavorable outcomes. Here are some key pitfalls to avoid during this process:
Neglecting Financial Records
One common mistake is failing to gather and organize financial records. These documents, including bank statements, tax returns, and property deeds, are essential for fair property division. Without them, it is difficult to establish the value of marital assets and debts. Ensure you have a complete and accurate record of your financial situation to support your claims during the divorce process.
Overlooking Hidden Assets
Another error is not considering the possibility of hidden assets. Sometimes, one party may try to conceal assets to avoid dividing them. Be aware of any unusual financial transactions or changes in asset holdings and consult with a professional to uncover hidden assets. Thoroughly reviewing financial accounts and transactions can help reveal assets that might otherwise be overlooked.
Ignoring Legal Advice
Many individuals make the mistake of not seeking legal advice when dealing with property division. The legal aspects of divorce, especially regarding asset distribution, can be complex. Not understanding your legal rights and obligations can lead to an unfair settlement. Consulting with a knowledgeable attorney ensures you receive guidance tailored to your situation, helping you make informed decisions.
Agreeing to an Unfair Settlement
Sometimes, in the desire to expedite the divorce process, individuals may agree to a settlement that is not in their best interest. This can occur out of frustration or pressure to conclude the matter quickly. Ensure you fully understand the terms of any settlement agreement and how it impacts your financial future. A careful review of the settlement terms with legal assistance can prevent unfavorable outcomes.
Failing to Plan for Future Needs
Divorce can significantly impact your financial future. A mistake often made is not planning for long-term needs and expenses. Consider how the division of assets will affect your financial stability and future goals. Creating a plan that addresses your financial needs post-divorce can help you prepare for the changes ahead.
Frequently Asked Questions About Property Division in Tarrant County, TX
In Tarrant County, property division during a divorce follows the principle of equitable distribution. This means that marital property is divided in a manner that is fair, though not necessarily equal. The court considers several factors, including the length of the marriage, each spouse’s financial situation, and contributions to the marriage. It is essential to understand that equitable distribution does not always mean a 50/50 split but rather what the court deems fair based on the circumstances.
Marital property includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title or account. This can include real estate, vehicles, bank accounts, retirement accounts, and personal property. Separate property, which is not subject to division, includes assets acquired before the marriage or received as a gift or inheritance specifically to one spouse.
In some cases, separate property can become marital property through commingling or transmutation. For example, if separate funds are used to purchase a joint asset or are deposited into a joint account, they may be considered marital property. Additionally, if separate property increases in value due to the contributions of the other spouse, that increase may be subject to division.
If you and your spouse cannot reach an agreement on property division, the court will step in to make a deciion. The judge will review evidence, listen to arguments, and consider the factors outlined in Texas law to make a ruling. While it is often preferable to settle these matters amicably to avoid a lengthy court battle, the court is prepared to handle contested issues.
Debts acquired during the marriage are typically divided in the same manner as assets. This means that marital debts are divided equitably between spouses. If one spouse is awarded an asset with an associated debt, they may also be responsible for that debt. It’s important to address debts during the property division process to ensure a fair resolution.
Retirement accounts, such as 401(k)s and IRAs, are considered marital property if contributions were made during the marriage. The court may order a division of these accounts, often requiring a Qualified Domestic Relations Order (QDRO) to divide the funds without incurring penalties. Each spouse may be entitled to a portion of the account based on their contributions and the length of the marriage.
A Tarrant County property division attorney can provide valuable assistance throughout the divorce process by offering guidance on property division laws, representing your interests, and negotiating settlements. They can help ensure that all assets and debts are accurately identified and valued, advocate for a fair distribution, and navigate any disputes that may arise. Having legal representation can be crucial in achieving a favorable outcome in your property division case.
Tarrant County Property Division Client Story
This client story is for educational purposes only.
Jackie had always thought that her life in Tarrant County was just right. She and her husband, Dan, owned several rental properties, and they worked hard together to make their life comfortable. But as time went on, their marriage began to crumble, and Jackie found herself facing an unexpected challenge: getting her fair share of the rental properties they owned during their marriage.
Feeling overwhelmed and unsure of where to start, Jackie knew she needed help. She reached out to McCarty-Larson, PLLC, and met Bria Larson. From the very beginning, Bria was a comforting presence. She listened to Jackie’s concerns with empathy and understanding, never rushing her or making her feel like just another case.
Bria took the time to explain the process of property division, breaking down complex legal terms into simple, clear language. Jackie felt a wave of relief knowing she had someone who not only understood the law but also cared deeply about her situation. Bria made sure Jackie was informed every step of the way, from gathering all the necessary documents to navigating through the court proceedings.
Bria’s dedication was evident in every detail. She worked tirelessly to ensure that Jackie received a fair portion of the rental properties. The negotiations were tough, and Dan’s lawyer was not making things easy. But Bria’s determination shone through. She fought for Jackie’s rights with unwavering commitment, always keeping Jackie’s best interests at heart.
Finally, after weeks of intense work, Bria achieved what Jackie had hoped for. Jackie walked away with her fair share of the rental properties, feeling a sense of justice and closure. Bria’s hard work made a huge difference in Jackie’s life, turning a difficult and confusing time into a story of hope and triumph.
Protecting What Matters Most
When you or a loved one are facing a divorce in Tarrant County, handling the division of assets and property can be challenging. At McCarty-Larson, PLLC, we understand the importance of protecting what you value most. Our experienced team of Tarrant County property division attorneys is dedicated to guiding you through each step of the process with clarity and commitment.
We recognize that every situation is unique and requires a tailored approach to ensure a fair distribution of assets. Our goal is to make sure that your interests are safeguarded, and that you receive a just outcome based on your specific circumstances. From evaluating complex financial matters to addressing your concerns about property division, we are here to provide the support and experience you need.
If you are navigating the complexities of divorce and need assistance with dividing assets, McCarty-Larson, PLLC is ready to help. Contact us today to discuss your case and see how we can work together to protect what matters most to you during this difficult time.
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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We Proudly Serve the Following Communities
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.
