How Do You Legally Split Property in a Texas Divorce Case?
Divorce is hard. One of the most contentious issues is determining how to split up property. Texas is a community property state. All of the assets that are deemed marital property are inherently considered to be jointly owned by the spouses. Though, in practice, dividing community property in a divorce can be challenging. Here, our Pearland property division attorney highlights the key things to know about how assets are split up in a Texas divorce case.
The First Step: Classifying Property (Community vs. Separate)
As a starting point, divorcing couples in Pearland and elsewhere in the surrounding region need to determine how their property is classified under Texas law. Here is an overview:
- Separate Property: Separate property is solely owned by one spouse. It generally includes what they had before the marriage (unless it was commingled), inheritance, and gifts. The spouse claiming an asset as separate property bears the burden of proving that status.
- Community Property: Under Texas law (Texas Family Code Sec. 3.002), community property is “property, other than separate property, acquired by either spouse during marriage.” It is owned jointly and equally by both spouses.
In other words, spouses get to keep their separate property—but they need to prove that the property in question is actually separate property. In contrast, they will need to divide their community property and, under Texas law, that property is “jointly owned.”
Courts Can Resolve Property Division Conflicts (Just and Right Standard)
Community property is jointly owned. However, that does not mean that it will always be divided in a 50/50 manner in a divorce in Texas. Courts apply something called the "just and right" standard when they need to step in and resolve property division disputes. There is a presumption that each spouse should get a 50/50 share of the community property, but that is not actually a legal requirement. Instead, courts will divide all community property in a way that is deemed to be just and right given the specific circumstances of the case.
Collaborative Solutions Often Work Best for Divorcing Couples
How exactly property should be split in any given divorce case is not always straightforward. Further, for many reasons, getting the court involved can be undesirable. Divorce litigation is long and often costly. For that reason, it is always a best practice for divorcing couples in Pearland to try to work collaboratively to find a way to split up their community property in a manner that works for each side. A Pearland divorce lawyer can help you negotiate while also ensuring your rights are protected.
Get Help From Our Pearland, Texas Property Division Lawyer Today
At John Powell III, P.C., our Pearland divorce attorney has the skills and experience to handle complex property division cases. If you have any questions about splitting up property in a divorce case, please do not hesitate to contact our legal team today. With a law office in Pearland, we take on divorce cases in Brazoria County and throughout the wider surrounding area in Southeast Texas.