Category: Property Division

Property division is a big issue in most Texas divorces. In fact, this tends to be one of the most contentious subjects that couples must address during the Texas divorce process. When a couple decides to file for divorce, all the property that was brought into the marriage by each spouse and all the property that the couple acquired during the marriage must be divided. But before the court can divide property between the spouses, it must first classify the property. Property in Texas is classified as either separate or community. Below is an overview of separate and marital property in Texas. 

What is Separate Property? 

Separate property is property that was owned by a husband or wife prior to marriage. It also includes certain types of property acquired during marriage, such as gifts and inherited property.

Separate property can not be divided by the court without the parties agreement and continues to belong to the spouse that originally acquired it.

What is Community Property?

Community property is all property acquired by either spouse during the course of the marriage other than separate property. Community property is owned equally by both spouses and is divided between them during the divorce process. Examples of typical community property includes things like family vehicles, the family home, bank accounts, vacation properties, art work, collectibles, and musical instruments. In addition, Texas law classifies some products of separate property as community property, such as cash dividends from investments held as separate property and the fruits, profits, and revenues of any separate property.

Community Property Presumption

In Texas, there is a presumption that all property owned by a married couple at the time of divorce is community property unless there is clear and convincing evidence that proves the property meets the above definition of separate property. This presumption often leads to complex property division problems during the divorce process, such as determining whether title to certain property was obtained prior to or during the marriage. And if either spouse claims that certain property acquired during marriage is separate property, he or she must overcome the statutory presumption that the property in question is community property. In addition, the spouse who makes a separate property claim must provide the court with clear and convincing evidence that the asset in question is actually separate property.

This can cause complex issues especially when you are looking at investment accounts, bank accounts and other financial assets. If you had a 401(k) or IRA prior to your marriage, the gain in value of the asset may or may not be separate property, depending on how it is classified. An experienced divorce lawyer can help you to determine what portion is separate property and what is community. 

Contact Our Denton County Property Division Lawyer

Property division can be a contentious issue in Texas divorces. Therefore, if you are seeking a divorce in Texas, you need an experienced and aggressive property division attorney on your side. In addition to handling all the details of your divorce, our experienced Denton attorney will negotiate on your behalf during the property division process, working hard to ensure that you come away with a property division agreement that is reasonable and just. Our experienced family law attorneys serve clients throughout Denton County, including Flower Mound, Highland Village, Little Elm and Denton. Therefore, if you need a family law attorney in Texas, please contact us today to schedule a consultation.

Property division is a big point of contention in most divorces. Couples often fight over who will keep what, who will pay alimony and a litany of related issues. However, one issue that is often overlooked is the division of marital debt. Married couples often fail to realize that they may be on the hook for each other’s debts incurred during the marriage. If you plan on getting a divorce in Texas, you need to understand the state’s property division laws, including those that address marital debt. Below is an overview of how marital debt is divided in Texas following a divorce. If you have additional questions about the Texas divorce process, please contact a property division lawyer for assistance. 

What is community property?

Texas is what is known as a “community property” state. Community property, also called marital property, is a term that refers to assets acquired during the marriage. Separate property, on the other hand, is property owned by one spouse prior to marriage or received as a gift or inheritance during the marriage. Generally speaking, only community property is subject to division in a divorce case. 

How marital debt is divided in Texas

Community property can include much more than physical property. Bank accounts, retirement accounts and pensions, parts of a business, and other intangible assets can all be considered community property. Another type of intangible property that is subject to division in a divorce is debt. Debt can include:

• Car loans
• Personal loans
• Student loan debt
• Home mortgage
• Credit card debt
• Other liabilities

Debt division options 

The way that debt is divided in divorce depends on several factors, including the unique circumstances involved in the divorce, the nature and amount of debts the spouses have, and the amount of the spouses’ community and separate property. Couples usually have several options available for addressing debt in a divorce, including:

• Selling community property to eliminate or reduce debt,
• Giving one spouse a disproportionate share of marital assets in exchange for taking on more debt, and
• Negotiating a larger alimony award to offset his or her receipt of a larger share of the debt.  

Legal assistance with marital debt

Divorce is rarely easy, and property division disputes add tension to an already difficult process. Therefore, if you need a divorce in Texas, you need to have an experienced divorce attorney on your side. At Youngberg Law Firm, in addition to walking you through the Texas divorce process, attorney Mike Youngberg will negotiate on your behalf during the property division process, taking the steps necessary to ensure that you come away with a property division agreement that is reasonable and just. 

In addition, our talented Texas attorney can help you with issues like child custody, child support, modifications of existing orders, enforcements, characterization of property, spousal maintenance, temporary restraining orders, and protective orders. Please contact us as soon as possible for a consultation.

When two people get divorced, one of the main issues they must deal with is the division of property. However, property isn’t always divided evenly. Rather, Texas law requires courts to divide property in a manner that is “just and right.” And despite guidelines that are in place to help judges ensure that property divisions are “just and right,” it is relatively common for a spouse to receive what he or she feels is an unfair portion of property following a divorce. 

Often, these types of unfavorable property division outcomes are the result of one spouse’s failure to obtain legal representation. So, if you are seeking a divorce in Texas and want to increase your odds of a successful property division outcome, please review the information below, and contact a Texas divorce attorney as soon as possible to discuss your case. 

Community Property 

Texas is what is known as a “community property” state. However, this doesn’t mean that courts in Texas are obligated to divide marital property equally between spouses. Rather, the judge in a divorce case must weigh all the facts and divide property in a “just and right” manner. Of course, this a fairly subjective standard, so property division decisions often vary from judge to judge. 

What affects the division of property?

In a divorce case, there are several factors that the court will consider when determining how to divide property in a just and right manner. The types of cases that result in a lopsided division of property often involve children and significant differences in the earning capacities of the spouses. Other factors that judges examine when making division determinations include:

• Fault for the breakdown of the marriage 
• Disparity of earning capacities 
• Health 
• Age differences 
• Size of the marital estate 
• Amount of separate property owned by each spouse
• Future anticipated inheritances
• Gifts to either spouse 
• Improper use or waste of community assets 
• Property owned in other jurisdictions 
• Tax considerations
• Spousal or child support obligations
• Child custody 
• Attorney fees
• Cost of litigation
• Unique nature of certain property 

Are you getting divorced in Texas? Hire a property division lawyer today!  

Property division can be a contentious issue. Therefore, if you need a divorce in Texas, you should hire an experienced property division attorney to represent you. In addition to walking you through the Texas divorce process, our experienced Denton attorney will negotiate on your behalf during the property division process, providing you with superb legal representation to ensure that you come away with an agreement that is reasonable and just. 

In addition, our talented Texas attorney can help you with issues like child custody, child support, modifications of existing orders, enforcements, characterization of property, spousal maintenance, temporary restraining orders, and protective orders. So, if you need a family law attorney in Texas, please contact us as soon as possible for a consultation.

How to divide property is one of the primary concerns decided in a divorce proceeding. The division of property includes the division of both assets (money, accounts, property, etc.) and liabilities (debts). Not all of this will be subject to division, of course. Only “marital property” is divided in a divorce. The first step in dividing property is determining what property must be divided in the first place. In Texas, we have two different types of property, “community” or “separate.” community property will be divided and separate property will remain in the ownership of the spouse to whom it belongs. 

What Does It Mean That Texas is a “Community Property” State?

If you and your spouse can reach an agreement on how you wish to divide your marital property, the family law judge will almost always approve the agreement. If you cannot come to an agreement, the court will need to decide how the property will be split. Texas is in the minority of states when it comes to the approach regarding the division of marital property incident to divorce. While Texas is a “community property” state, it still follows the principle of dividing property according to what the court deems to be “just and right.” This means courts set out to split the property in a manner that is fair, not equal.

Texas courts will look to a number of different factors in order to divide the marital property in an equitable manner. These factors include:

• The relative earning capacity of each spouse
• Fault in the breakup of the marriage
• Each spouse’s level of education
• The future employability of each spouse 
• The health of each spouse
• Who will have primary custody of the child(ren)
• Other factors relevant to the analysis

As previously stated, only “marital” or “community” property will be subject to division during divorce. This is, generally speaking, property acquired during the marriage and belongs to both spouses. There are some exceptions to this. There are some things acquired during the marriage that may still be considered “separate” property, including:

• Property inherited by one spouse
• Property gifted to one spouse
• Settlement proceeds from certain personal injury claims (not including the portion awarded for lost earnings during the marriage, or reimbursement for medical expenses, among other exceptions)

There is a presumption, however, that property acquired during the marriage is community property. It is the burden of the party claiming that it is actually a separate party to prove otherwise by a preponderance of the evidence.

Proving Your Separate Property Claim

While it may seem like a simple thing to prove that certain property was owned prior to the marriage or is otherwise qualified as separate property through one of the exceptions listed above, it can become very complicated. Married people often have joint accounts and put all their money into those accounts, including both separate property and community property. This is called the commingling of funds. When separate and community funds are commingled it can become very complicated to determine the character of the property. If you think you have a separate property claim, you should meet with a Texas family law attorney to determine what claims you can prove in court. 

Texas Divorce Attorney

How your assets and liabilities are divided during your divorce will have a lasting impact on your financial future. Make sure your best interests are always being protected and contact the Youngberg Law Firm today. We are here to be your advocate through every step of divorce proceedings.