How Is Property Divided In Texas During Divorce?
The state of Texas is a community property state, meaning that all assets held between the couple are considered marital property and eligible to be included in the division of assets. Texas also has some of the most complex property division laws in the country.
It is important that you have an attorney who understands the intricacies and nuances of Texas family law to protect your interests during the division of assets. At Shriver & McLean, L.L.P., our attorneys are experienced in representing clients and achieving the best possible outcome in property division.
How Is Property Divided In A Divorce In Texas?
Texas is different than most states in that the judge has a great deal of discretion in deciding how the property will be divided. He or she will consider a wide range of factors, including:
- Size of the estate and value of the community assets
- Value of any separate assets that one spouse may have
- Age and health of the spouses
- Earning potential of the spouses
- Circumstances or dynamics leading up to the divorce
- Contributions by one spouse or the other to the estate
- Separate inheritance or gifts
- Improper use of assets
- Other items in the divorce, including custody, child support or spousal maintenance
- Tax issues
Based on these variables, the judge will hand down a decision as to the best possible way to divide the community property that will be fair and right.
Our lawyers will advocate on your behalf throughout the Texas divorce process to make sure you are treated fairly during the division. We will present your side of the case in the best possible manner to achieve the best possible outcome.