How is Property Divided During a Divorce?
Divorce is often a complicated process. There are many elements to consider, especially if there are children involved. Even when there are no kids, there can be a lot of drama.
One of the most contentious issues in a divorce is property division. Each state has laws determining how property is to be divided. Most states operate under equitable distribution laws, which means that property is split fairly but not necessarily equally. While it can be split 50/50, it can also be 60/40, 70/30, or some other percentage rate based on what each party contributed to the marriage. Most states are equitable distribution states.
Texas is an exception in that it is a community property state. Texas is just one of nine community property states, with the other ones being California, Nevada, Arizona, Washington, Idaho, Louisiana, New Mexico, and Wisconsin. So how is property split in a divorce in Texas?
What the Law Says
Under Texas Family Code Section 3.002, everything you and your spouse acquire during your marriage – whether it be money, real estate, and any other property – is considered to belong equally to both spouses and will be divided by the court as such. This means everything is pretty much split in half. When an asset cannot be split in half, then one party may get it while the other spouse gets another item of value.
Judges work to make everything equal in these cases. It does not matter if you make claims about your spouse committing adultery or not helping around the house. If your spouse did not spend a lot of time with the children, that is still not a valid excuse. They will still get a 50% share of the assets.
Texas divorce courts are required to divide all marital property between the two spouses. This means not just assets but debts as well. So if your spouse has $20,000 in debt, this will likely be split as well.
The court starts by assuming that everything is community property and should be divided equally. If something is separate property, you will need evidence to support it. To prove that an item is solely yours, you will need to prove that it was acquired by gift or inheritance or that the asset was yours before marriage. Some disability benefits and personal injury lawsuit proceeds may also be separate property.
Some assets are hard to split. Some examples are retirement accounts and businesses. In Texas, there are also specific rules for separate and community interests when it comes to ranches, livestock, and mineral interests. If something is shown to be separate property, the court does not get involved, as the asset belongs to the party who owns it.
Contact Our Pearland TX Divorce Lawyers Today
Texas is a community property state. Make sure you get your half in your divorce, but keep in mind that debts also have to be split up equally.
Have questions or concerns about property division? Texas divorce attorney The Powell Law Firm focuses on what is best for clients. Fill out the online form or call 832-850-6095 to schedule a consultation.
