Decatur Family Law and Probate Attorney

Divorce and Texas property division laws

On Behalf of | Mar 1, 2024 | Divorce

It can be difficult to let go. In a divorce, it can be challenging for spouses to let go of certain assets and property.

Divorce is an emotional and challenging time, and disputes regarding property division can make it harder to navigate and move forward.

For many, property division is the most contentious divorce issue. Nonetheless, it is a legal matter with realistic and obtainable resolutions. Thus, it is imperative that divorcing spouses understand their situation and rights when dealing with disputes concerning property division.

Community property

At The Law Offices of Marilyn J. Belew, P.C., our law firm understands that divorces tend to be emotional, messy and difficult to navigate. And this can be intensified if spouses are in disagreement with property division. With over 20 years of experience, our legal team not only is knowledgeable with Texas property division laws, but we are also equipped with the skills and experience to reach a favorable resolution for our clients.

Texas is a community property state. This means that when spouses divorce in the state, there are specific rules that designate how property is treated and distributed during divorce. In simple terms, anything that was acquired during the marriage is considered community property and in turn is marital property that will be divided equally. Separate property, or the property owned prior to marriage will remain separate and not up for division in the divorce.

Property division and factors involved

When filing for divorce, the court will automatically assume that all property, assets and debts are shared by the spouses unless they can prove otherwise. Thus, if you are seeking to illustrate certain property should not be considered marital property, it is important to understand how you can prove this to the court.

Additionally, the division of the community property equally does not automatically mean equitable. Because the court seeks to split the marital property as fairly as possible, certain factors are considered in this process. This often includes the earning capacity of each spouse, the age and health of both spouses, the value of the property being divided and the needs of the children, if any are involved.

Your needs, interests and rights are important in this process and should not be overlooked simply because you want the divorce to be over with. A legal professional can ensure that you understand your rights and help you reach the finish line with a favorable result.