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Understanding Your Rights in Divorce and Property Division in Texas
In Texas, divorce involves more than just the emotional toll—it includes the division of your shared assets. Property division can be complex, with high stakes for both parties involved. With over 26 years of combined experience, our team at Winnie A. Bates, Attorney at Law, offers expert legal representation to guide you through this process. We provide clear, confident advice, ensuring your rights are protected and your financial future is secure. Having an experienced advocate who understands Texas’ detailed laws surrounding divorce and property division is crucial to navigating this challenging process.
What is Subject to Property Division in Divorce?
Texas is a community property state, which means most property acquired during the marriage is considered community property and subject to division. This includes:
- Real Estate (homes, land, investment properties)
- Personal Property (vehicles, furniture, jewelry)
- Bank Accounts, Retirement Accounts, and Investments
- Business Interests
However, separate property such as inheritances, gifts received during the marriage, or property owned before the marriage is generally not subject to division under Texas family law.
How is Property Divided in Texas?
While Texas law aims for a just and right division of community property, this doesn’t always mean a 50/50 split. Several factors can influence the division, including:
- Each spouse’s earning capacity and financial resources
- The duration of the marriage
- The health and age of each spouse
- Contributions to the marriage, including homemaking and child-rearing
- Fault in the breakup of the marriage (in some cases)
What constitutes separate property in Texas?
Texas is a community property state, so everything acquired during the marriage is considered to be jointly and equally owned by both spouses. However, some assets can be classified as separate property (which is not subject to division in a divorce). Separate property includes:
- Property owned proper to the marriage
- Gifts or inheritances received by just one spouse
- Certain personal injury awards
In addition, assets that are protected through carve-outs in prenuptial or postnuptial agreements are generally considered separate property.
Proving Separate Property and Debt Division in Texas Divorce
In Texas, all assets are considered community property until proven otherwise, meaning you need to provide documentation to the court to rebut this presumption. This documentation can include deeds, receipts, bank records, inheritance papers, communications about gifts, marital agreements, and other documents showing when and how the asset was acquired. In some cases, witness testimony or forensic accountants may be needed.
Similarly, debts acquired during the marriage are considered community debts, regardless of which spouse initiated them. However, if the debt is tied to one spouse’s separate property (e.g., interest accrued on student loans acquired before the marriage) or incurred secretly for non-community purposes (e.g., gambling debts), the court may divide the debt fairly, rather than equally.
Secure Your Future
Facing property division without experienced legal counsel can leave you vulnerable. Contact our attorneys at Winnie A. Bates, Attorney at Law, RoundRock, today at (512) 341-9233 or through our online contact page to schedule a consultation. Let us help you navigate this challenging process and secure your financial future with confidence.
FAQS
Dividing property during divorce can be complex. Texas follows community property laws, but every case is unique. These FAQs explain how assets and debts are divided fairly and legally.
What counts as community property in Texas?
Community property includes most assets or debts acquired by either spouse during marriage—such as income, homes, vehicles, and retirement accounts.
What is separate property?
Separate property belongs to one spouse individually and includes items owned before marriage,inheritances, and personal gifts. Separate property generally isn’t divided in divorce.
How does the court decide what’s a fair division?
The court divides community property in a ‘just and right’ manner, which doesn’t always mean 50/50, Factors like earning power, health, and child custody can affect the split.
Can we divide property without going to court?
Yes. Couples can reach a settlement agreement through mediation or negotiation. When both parties agree, the process is faster and less expensive
Can debt be divided in a divorce in Texas?
Yes, debts acquired during the marriage are considered community debts and are typically divided between both spouses.
What happens if a spouse hides assets?
Concealing property is illegal. The court can award a larger share to the other spouse or reopen the case if hidden assets are discovered.