When a couple in Frisco decides to part ways, dividing their shared property can become one of the most emotionally and legally complex aspects of the divorce process. While some couples are able to reach an agreement on their own, many rely on the family court to step in and make decisions.
The role of the court in Frisco asset division is guided by state law and the concept of equity. Each case is unique, making it important to work with a knowledgeable property division lawyer to ensure each party understands how their assets will be divided.
Texas is a community property state, meaning most property acquired during a marriage is considered jointly owned and subject to division, no matter which spouse’s name is on the title. This property includes real estate, vehicles, bank accounts, retirement accounts, and investment portfolios.
However, not all property is community property. When dividing assets, courts in Frisco recognize separate property, or the assets an individual owned before their marriage, such as gifts and inheritance. In such cases, the claiming partner must provide clear and convincing evidence to establish that an asset is separate and should not be divided during divorce.
Equitable division of property does not mean equal division of property. Texas courts do not necessarily split assets right down the middle. Instead, Frisco family courts have discretion over asset division, and judges divide property according to what they deem just and right. In doing so, judges may consider factors such as each spouse’s earning capacity, who has primary custody of the children, and whether one spouse sacrificed a career to care for the family.
If spouses cannot agree on how to divide property, their case will go to trial and the judge becomes the final decision-maker. Each side will present evidence, and the court will weigh the facts carefully before issuing a ruling.
The court also oversees how property is valued. Certain assets, like a home or business, may fluctuate in value, and the court might require formal appraisals. Judges in Frisco aim to assign realistic values based on current market rates, which can influence how assets are ultimately divided.
It is not uncommon for one spouse to try to undervalue certain assets or conceal accounts. The court has the authority to investigate, issue subpoenas, and even appoint financial experts to ensure transparency. If misconduct is proven, the court may award a disproportionate share of assets to the wronged spouse.
While Frisco courts play a powerful role in dividing property, they also encourage amicable resolutions. Couples who submit a mutually agreed-upon property division are often approved by the court, so long as the agreement is fair and legal. This can save time, stress, and money. When compromise is not possible, the court steps in. In these circumstances, working with a knowledgeable and compassionate family law attorney could make a meaningful difference in the outcome of a divorce.
If you still have questions about the role of the court in Frisco asset division, contact a family law attorney from Towson Law Firm. Our lawyers could guide you through the process and advocate for your best interests.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
