San Antonio Property Division Lawyer – Protecting Your Assets in Divorce
Dividing property in a divorce can be one of the most complex and emotionally charged parts of the entire process. Texas is a community property state, meaning most assets and debts acquired during the marriage must be divided — but that does not mean everything is split 50/50.
Our office represents clients throughout San Antonio, Bexar County, New Braunfels, Seguin, San Marcos, and surrounding areas in all matters involving property division, marital assets, financial disputes, and high-conflict divorce cases.
Whether your estate is simple or highly complex, we work to protect what you have earned and ensure a fair division under Texas law.
Understanding Community Property in Texas
Texas divides property into two main categories:
✔ Community Property
Generally includes all property, income, assets, and debts acquired during the marriage, such as:
- The family home
- Vehicles
- Bank accounts
- Retirement accounts / 401(k) / pensions
- Stock accounts / investments
- Businesses started during the marriage
- Bonuses, commissions, and income
- Credit card debt and loans
Community property is presumed to belong to both spouses unless proven otherwise.
Separate Property
Separate property is not divided in divorce, and includes:
- Property owned before marriage
- Inheritances received individually
- Gifts made to one spouse
- Compensation for personal injuries (with exceptions)
- Certain assets protected by pre-marital agreements
The spouse claiming separate property must prove it, often with financial records, tracing, or documentation.
We assist clients with tracing and proving separate property to ensure you keep what legally belongs to you.
How Texas Courts Divide Property
Texas courts divide community property in a way that is “just and right,” not necessarily 50/50.
Courts may consider:
- Income disparities
- Ability to earn in the future
- Age and health of each spouse
- Who has primary custody of the children
- Fault in the marriage (abuse, adultery, abandonment)
- Waste or hiding of assets
- Size of separate property estates
- Debts and financial obligations
We build strong cases to ensure the court considers all factors in your favor.
Types of Property We Commonly Divide
We represent clients in divorces involving:
Real Estate
- Marital homes
- Investment properties
- Rental homes
- Land, ranches, and rural property
Financial Assets
- Bank accounts
- Stocks and bonds
- Cryptocurrency
- Brokerage accounts
- Savings and trust accounts
Retirement & Employment Benefits
- 401(k)
- Pensions
- Military retirement
- Deferred compensation
- Employee stock plans (ESPP, RSUs)
- Bonuses and commissions
Businesses & Professional Practices
- Small businesses
- Partnerships
- LLCs
- Medical/dental practices
- Professional practices
Personal Property
- Vehicles
- Jewelry
- Tools and equipment
- Household items and furniture
No matter how simple or complex your estate is, we can help.
Dividing Retirement Accounts (QDROs)
Retirement accounts often require a Qualified Domestic Relations Order (QDRO) to divide properly. Mistakes in QDROs can cost thousands of dollars.
We work with QDRO specialists to ensure:
- Accurate division
- Compliance with federal and plan requirements
- Protection of your financial future
Dividing Retirement Accounts (QDROs)
Retirement accounts often require a Qualified Domestic Relations Order (QDRO) to divide properly. Mistakes in QDROs can cost thousands of dollars.
We work with QDRO specialists to ensure:
- Accurate division
- Compliance with federal and plan requirements
- Protection of your financial future
Agreed vs. Contested Property Division
✔ Agreed Property Settlements
Many couples are able to negotiate a fair property division through:
- Mediation
- Attorney negotiation
- Agreed divorce process
Agreed settlements save time, money, and emotional stress.
✔ Contested Property Division
If an agreement cannot be reached, we:
- Gather financial evidence
- Identify and value assets
- Engage experts when needed
- Present your case to the judge
We advocate strongly to protect your financial interests.
High-Asset Divorce Representation
If your divorce involves significant assets, complex financial structures, or business ownership, specialized representation is essential.
We work on cases involving:
- High net worth estates
- Multi-property portfolios
- Family-owned businesses
- Executive compensation packages
- Investment portfolios
- Complex tracing issues
- Prenuptial and postnuptial agreements
High-asset cases demand careful analysis and strategic planning — and we provide both.
Why Choose Our Office for Property Division Matters
- Deep understanding of Texas community property law
- Experience with both simple and complex estates
- Strong advocacy in contested divorces
- Thorough financial investigation and analysis
- Clear, honest guidance throughout the process
- Strategic planning to protect your future
You worked hard for your assets — we work hard to protect them.
Schedule a Consultation Today
If you are facing divorce and need help with property division, contact our office today.
📞 Call now to schedule a consultation.