The concept of yours, mine and ours isn’t always present in a marriage. However, these titles for property are often relied on in the divorce process. While it is true that not all property involved in the marriage is considered marital property during dissolution, divorcing couples in Texas should understand the concept of community property.
The distribution of marital property can be a very challenging and contentious part of divorce. Not seeing eye-to-eye with your spouse can make it difficult; however, the matter could be further complicated when any party attempts to hide assets or tampers with them to make them appear to be separate property.
Property division
The Law Offices of Marilyn J. Belew, P.C. understands the complexities that property division can bring to a divorce that is already emotional and difficult. This is why our law firm takes the time to understand the needs and goals of our clients while navigating this process. This allows for creative solutions to all problems and helps our legal team reach a favorable outcome for our clients.
No matter the length of the marriage, there is a certain level of attachment to the property involved in the relationship. Thus, it can feel like a major loss to leave the marriage without these items. In order to ensure you leave with the property you believe you are entitled to; it is imperative to understand your rights when it comes to property division in Texas.
Community property
Texas in a community property state. This means that there is an assumption by the court that all property involved in the marriage is shared. Therefore, if that is not the case, it is up to that spouse to prove that certain property was originally theirs. If something is deemed separate property, that property will not be divided in the divorce process. However, it is possible to challenge this designation, proving that it is in fact marital property.
The court seeks to split all marital property as fairly as possible; however, a judge cannot consider specific needs and wants unless that is conveyed. There are several factors the court will consider when determining a fair distribution in a divorce. This includes the earning capacity of each spouse, the age and health of both parties, the value of the property being dividing and the needs of the children, if any minor children are involved.
Divorce is an emotional, complex and often confusing life event. It is reasonable to have concerns and questions, which is why it is important to take the time to understand your situation and legal rights. A legal professional can answer your questions and help you take the proper steps to ensure your rights and interests are protected.
