Property Division Attorneys Serving Collin, Dallas, and Denton Counties
Dividing property in a Texas divorce is rarely as simple as splitting everything down the middle. What looks straightforward on the surface often involves tracing the history of assets, challenging presumptions about what is community versus separate property, and making sure nothing gets overlooked or undervalued.
At Hanshaw Kennedy Hafen, we handle property division cases involving real estate, retirement accounts, investment portfolios, business interests, and other complex financial holdings. As a premier complex property division attorney Collin County firm, we ensure your interests are fully protected. For cases involving a business or significant assets, our in-house civil and business law counsel works directly alongside your family law attorney so the legal and financial details are addressed together, not separately.
We serve clients across Collin, Dallas, and Denton counties from our office in Frisco.
Community Property vs. Separate Property in Texas
Texas is a community property state. That means all community property division Texas divorce proceedings begin with the presumption that all property acquired during the marriage belongs equally to both spouses and is subject to division at divorce. That presumption applies regardless of whose name is on the account or whose paycheck funded the purchase.
Understanding the difference between separate vs community property Texas laws is vital. Separate property is anything one spouse owned before the marriage, received as a gift, or inherited. Separate property is not subject to division, but the burden of proof falls on the spouse claiming it. Without clear documentation and legal strategy, assets that should be separate can end up treated as community property.
The court divides community property in a way that is just and right, which does not always mean equal. Factors that can influence the division include each spouse’s earning capacity, the length of the marriage, fault in the breakup, and the needs of any children involved.
When a Business Is Part of the Estate
Dividing a business in a divorce involves more than agreeing on a number. When navigating business asset division divorce Texas matters, you have to establish how much of the business qualifies as community property, how the business income was handled during the marriage, and what a fair division actually looks like for an asset that cannot simply be split in half.
HKH has in-house civil and business law counsel who works directly on these cases. That means your attorney has business law expertise built into the team rather than relying on outside referrals. We handle business valuation strategy, separate versus community property tracing within business interests, buyout structures, and protecting business operations throughout the divorce process.
If your divorce involves a business, visit our Business Owner Divorce page for more detail on how we approach these cases.
Complex and High-Value Assets
Property division cases involving significant assets require careful attention to valuation, documentation, and legal strategy. If you need a real estate division divorce attorney North Dallas area families trust, or require assistance with an investment account division Texas divorce strategy, we regularly handle cases involving:
- Primary residences and investment properties.
- Rental real estate portfolios.
- Brokerage and investment accounts.
- Retirement accounts including 401(k)s, IRAs, and pensions.
- Stock options and deferred compensation.
- Business interests, partnerships, and LLCs.
- Hidden or undisclosed assets.
For retirement accounts, dividing certain account types requires a Qualified Domestic Relations Order, or QDRO. This is a separate legal document that must be drafted and approved by the plan administrator to divide the account without triggering tax penalties. HKH handles QDROs as part of your case.
Financial Infidelity and Hidden Assets
Not every spouse discloses everything during a divorce. When assets are being hidden or financial information is being misrepresented, we know how to find it. Our attorneys work with forensic accountants and other financial experts to investigate incomplete or suspicious disclosures and present that evidence to the court.
If you suspect your spouse is hiding income, undervaluing assets, or misrepresenting the marital estate, bring it to our attention early. The discovery process in a Texas divorce gives us legal tools to compel full financial disclosure.
Frequently Asked Questions
Texas courts divide community property in a way that is just and right based on the specific circumstances of the case. This is not always a 50/50 split. The court considers factors like each spouse’s financial situation, earning capacity, fault in the marriage breakdown, and the needs of any children. The starting point is that all property acquired during the marriage is presumed community property unless one spouse can prove otherwise.
Community property is anything acquired by either spouse during the marriage, with limited exceptions. Separate property is what a spouse owned before the marriage or received as a gift or inheritance during the marriage. Separate property is not divided at divorce, but proving it requires clear and convincing evidence. Commingling separate and community funds can make tracing very difficult without experienced legal help.
It depends on when the business was started, how it was funded, and how business income was handled during the marriage. A business started before the marriage with separate funds may be entirely separate property. A business started or grown during the marriage using marital income is more likely to have a community property component. The answer is almost never simple, which is why having in-house business counsel on your legal team matters.
Texas divorce law requires both parties to fully disclose all assets and financial information. If you believe your spouse is concealing assets, your attorney can use the discovery process to compel disclosure, subpoena financial records, and work with forensic accounting experts to uncover what is missing. Courts take undisclosed assets seriously and can sanction a spouse who fails to comply.
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