JESSE S WHITE
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Property Division

SCHEDULE FREE CONSULTATION

SAN ANTONIO FAMILY LAW & DIVORCE LAWYERS
CALL TODAY: 210-852-2090


Division of Property in Texas Divorce

One of the primary objectives of divorce is dividing property. Property includes not only assets, but also liabilities. When a couple chooses to divorce in Texas, the court is tasked with dividing all property in a "just and right" manner.  The experienced divorce lawyers at the Law Office of Jesse S. White are here to help guide you through this process to secure a fair division of property.

How Does the Court Divide Property?

Texas is a community property state.  Texas law defines community property as all of the property that either spouse acquires during the marriage, except separate property.   During a divorce, there is a presumption that all property is community property.  This means that the court will presume that all of your property is community property unless you can prove otherwise. The spouse claiming separate property has the burden to prove the property is separate by "clear and convincing" evidence.    "Clear and convincing” means that the evidence is highly and substantially more likely to be true than untrue; the fact finder must be convinced that the contention is highly probable.    This is a more rigorous standard to meet than the preponderance of the evidence standard, but a less rigorous standard to meet than proving evidence beyond a reasonable doubt such as in criminal cases.

Under Section 3.001 of the Texas Family Code, a spouse's separate property consists of:
  • the property owned or claimed by the spouse before marriage;
  • the property acquired by the spouse during marriage by gift, devise, or descent;  and
  • the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Some community property states require that community property be divided equally upon divorce. However, in Texas divorce cases, the court is required to divide all community property property in a "just and right" manner.    Judges look at a number of factors in making a "just and right" division of property, including:

  • Difference in spouses' earning capacity
  • Difference in spouses' age and health
  • Difference in spouses' educational backgrounds
  • Which spouse mainly raises any children
  • The needs of each spouse and children

We understand that dividing assets and debts can be a difficult issue in divorce. Frequently, our approach is to negotiate a property settlement and reach a fair agreement outside of court. However, in the event an agreement cannot be reached, we are always prepared to litigate to protect our client's best interests.

We are also experienced in cases with complex property divisions, which often include valuable assets, high-net worth community estates, business interests, or international investments.

Give Us a Call Today 

If you are facing a divorce matter in San Antonio or a surrounding community, our lawyers are here for you. Contact us today online or by telephone at 210-852-2090 to arrange a consultation with a knowledgeable divorce attorney.

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What our clients are saying:

Amy

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Mr. White and Barbara are wonderful. I'm very nervous and confused about the process and they never make me feel like a bother. They are patient and answer my question. And they really know what they are talking about!!! I would recommend them. Thank you Jesse and Barbara.

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Bethany

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Jesse White and his staff took care of me during a very difficult time in my life.  He was very knowledgeable, professional and courteous and always took the time to answer my questions. A divorce is never easy, especially when kids are involved, and I am glad that I had Mr. White in my corner.

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Kimberly P.

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Jesse was courteous and attentive to all matters. He was a fantastic teammate throughout all meetings, hearings and court dates. I highly highly recommend him to anyone and everyone. Where the other side was well prepared Jesse came even more prepared. He made the difficult dealings of a divorce less stressful and was by my side the entire way. If you're looking for the best divorce lawyer in SA, no doubt this is your guy.

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Angelica C.

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One of the few lawyers who genuinely cares about helping. My situation is pretty complicated so I am extremely thankful for his help.

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Amy C.

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Mr. White surpassed my expectations. He was tough with the other lawyer and made sure that I was not taken advantage of again. I was able to keep my home thanks to spousal support and child support. I was finally free of my ex-husband and was able to move on with my life. I now recommend Mr. White to all of my friends and family. If I could give more than 5 stars I would!!

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Laura C.

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Jesse White is an excellent lawyer.  He expertly handled our custody case while keeping it within our budget . He explained everything about the case in clear terms so we could understand and was prompt in returning our calls.  If you need a top-notch lawyer who is tough, fair and won’t bankrupt you, this is your man!

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James L.

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Mr. White was a tough advocate throughout the entire custody case.  Thanks to him and his staff, we won our custody case in the end.  I am eternally grateful and highly recommend Mr. White.

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our CONTACT INFORMATION:

San Antonio Office:

17806 IH 10, Suite 300
San Antonio, Texas 78257
T: 210.852.2090
F: 210.852.2091
Email: jesse@jsw-law.com



Dallas Office:

4514 Cole Avenue, Suite 600
Dallas, Texas 78205
T: ​214.865.6465
​F: 210.852.2091
Email:jesse@jsw-law.com

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Copyright 2020  Law Offices of Jesse S. White.  All rights reserved.
  • Home
  • Our Firm
  • Attorney Profile
  • Family Law Services
    • Family Law
    • Adoptions
    • Child Relocation
    • Child Support
    • Custody
    • Mediation
    • Paternity
    • Post-Judgment Enforcements
    • Spousal Maintenance
  • Divorce Services
    • Divorce
    • Contested Divorce
    • Uncontested Divorce
    • Military Divorce
    • High Asset Divorce
    • Same Sex Divorce
    • Property Division
  • Probate
  • Estate Planning
  • Contact