Youngberg Law Firm discusses some basics of property division in divorces.

Texas Divorce Property Division Basics

In any divorce, one of the primary issues to be addressed is the division of property. However, contrary to popular belief, property isn’t always divided right down the middle. Rather, Texas courts are required by law to divide property in a manner that is “just and right.” However, despite legal guidelines that are intended to help judges make “just and right” decisions, it’s not uncommon for one spouse to obtain an unfavorable property division result in his or her Texas divorce. Often, these types of undesirable outcomes are the result of a failure to obtain adequate legal representation. Therefore, if you need a divorce in Texas and want to increase your chances of a successful outcome, please review the information below, and contact a Texas divorce attorney as soon as possible to discuss your case. 

Community Property

Texas is a community property state, which means that all property and income acquired by either spouse during the marriage belongs equally to both parties. Therefore, spouses are required to split community property equally when they divorce. In addition, all debts acquired by either spouse during the marriage are considered community debts, and they too are divided equally. However, for purposes of property division, “equal” doesn’t necessarily mean a 50/50 split. Rather, the judge in a Texas divorce case examines various factors to determine a just and right division of all community debt and property. 

Separate Property 

As noted above, Texas is a community property state, meaning that property and income acquired during the marriage must be divided equitably upon divorce. However, this doesn’t apply to separate property. In Texas, the property may be classified as separate if:

  • One spouse owned it prior to the wedding and kept it separate during the marriage
  • It was personally given to one spouse as a gift
  • It was personally inherited by one spouse
  • One spouse received it as a certain type of award from a personal injury lawsuit or settlement 

Contact Our Denton County Property Division Lawyer  

During the divorce process, property division tends to be a contentious issue. Therefore, if you are seeking a divorce in Texas, you need an experienced attorney on your side. In addition to walking you through the divorce process, our experienced Denton attorney will negotiate on your behalf during the property division process, providing you with the best possible legal representation so that you will come away with a property division agreement that is reasonable and just. 

Also, our talented Texas attorney can assist you with issues like child custody, child support, modifications of existing orders, enforcements, characterization of property, spousal maintenance, temporary restraining orders, and protective orders. Finally, our attorney understands the emotional and financial toll that a family law case can take on a person, so you can rest assured that he will handle your case with patience, compassion, and understanding. If you need a family law attorney in Texas, please contact us today for a consultation.