Decatur Family Law and Probate Attorney

Separate and marital property in a Texas divorce

| Apr 29, 2021 | Divorce

There are many difficult matters that must be settled when two Texas residents decide to end their marriage in divorce. From working out custody to establishing spousal support, most individuals feel more confident in their divorce negotiations when they have the support and advocacy of knowledgeable family law attorneys. Professionals who work in this field can be incredibly helpful when divorcing parties must make hard decisions on the division of their property.

What is property division?

Property division is the process of splitting up the shared or marital property that two people acquire during their marriage. It does not involve the property that the parties hold individually or separately; this property exists only under the ownership of individuals and therefore cannot be divided between the owner and a non-owner.

Marital property is property that the parties acquired while married, as well as separate property that was turned into marital property during the marriage. A divorce attorney can help their client determine what property is marital and what is separate for the purposes of dividing up their property during their divorce.

How is property divided in Texas?

As stated, marital property is divided during divorce, and that process follows the state’s community property law. Community property is divided fairly between the parties, and a fair division of property does not necessarily mean an equal division between the divorcing parties. An individual may have to advocate for their property needs during this part of their divorce and their attorney can support them in their efforts.

This post provides general information and does not offer legal advice. It is important that readers understand different divorce cases may result in different property division outcomes. An individual can talk to their trusted attorney about their unique case and legal options.