A Guide to Property Division in a Divorce Case in Texas

Property Division in a Divorce Case
Property Division in a Divorce Case

Texas is a community property state, which means any property acquired during a marriage should be divided between the couple at divorce. As most of the couples have little to no knowledge about property division, it makes sense to consult family law lawyers in Texas to have a clear idea of their rights during a legal separation and make your case stronger.

If you or a close one is contesting a divorce, the blog post covers the basic information about property division and some common factors that influence the case. Read on.

Understanding Community Property

The Texas law considers any property, debt or earnings acquired from the date of marriage till divorce as community property. Some of the examples of community property are:

— Real estate or property purchased during marriage
— Pensions, retirement amount and contributions to 401 k
— Employment income of any of the spouse, which includes bonds, tips, and overtime wages

The only exception in this category is the money that a spouse receives as compensation for lost earnings or wages from a personal injury claim.

Factors that Texas Law Consider in Property Division

The Texas court doesn’t follow the 50-50 division method, instead considers other factors when making a decision. These include:

— Income
A spouse with lower income or a less earning potential might get more share of the property.

— Education
A spouse with higher qualifications might get less share of the property, as the court believes him/her to have more earning potential.

— Fitness
A healthy spouse might get less property share because of higher earning potential. The spouse with health issues will have to show insurance premiums and medical bills to convince the court.

— Fault
Texas court also considers faults like cruelty or adultery during the marriage at the time of property division. The spouse who is responsible for the dissolution of marriage might get very less share after division.

— Fee of Divorce Lawyer
The fee of a divorce lawyer is taken from community funds, and the court also considers the fact that which spouse is paying the fee and how much at the time of property distribution.

Final Words

Every divorce case is different in its own way, so the court will consider a few more factors other than the above-discussed ones before final hearing. The opinion of the judge might also impact the decision. To ensure that you have a strong case, it is better to approach a family law attorney in Texas who has extensive experience in handling property division cases.

Marion Ford is an avid reader and writer with a keen interest in Law. She likes to spread awareness about existing laws in Austin, TX through her comprehensive and thoroughly researched articles. In her spare time, she loves to travel and spend time with her pets.

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