Being involved in divorce proceedings can be complicated and time-consuming. If you have children and other assets, it’s important that you speak to an experienced lawyer who can ensure that your rights are being protected. Property division in Texas can be complex, so reach out for help. Contact The Moffett Law Firm today for an initial consultation by calling 713-987-4250 or contact us online.
Texas is a Community Property State
Texas is one of the few community property states in the US. This means that almost all property that was acquired during the marriage belongs to both partners. It doesn’t matter where the money came from or whose name the property or assets are in; it typically belongs to both spouses if it was acquired throughout the marriage. Examples of community property include income, houses, vehicles, contributions to a 401k or retirement account, unemployment compensation, and checking or savings accounts.
Separate Property
The exception to the community property rule is separate property. If one partner can prove that the property is separate or if both parties agree that the property in question is separate, it will not be divided between spouses. Separate property includes anything owned prior to the marriage or anything that was acquired during the marriage through gift, inheritance, or compensation from a personal injury settlement. Examples include a house or other property that was purchased by one partner before the marriage, a vehicle that was gifted to one of the spouses, and a personal injury settlement that was awarded to one spouse.
This can become somewhat complicated when one spouse purchased a house before the marriage began, but both spouses make mortgage payments once they are married. If any of the mortgage payments after the date of marriage were paid through community funds, the spouse who does not own the house can request a reimbursement of what they paid toward their spouse’s mortgage.
Dividing Property in a Texas Divorce
While almost all property acquired throughout the marriage is considered community property, this doesn’t mean the court has to divide the property equally between each spouse. The only requirement is that the court must divide all property in a just and right way. They must consider the needs of any shared children, and the education and earning capacity of each spouse. The court can also consider fault in the divorce, which spouse has custody of the children, and anything else the court believes is relevant.
Debt Must Also be Divided
If you’re going through a divorce in Texas, any debt you and your partner have will also need to be divided. Again, there is no requirement that the debt be divided equally. The court must only divide it in a way that is just and right. It doesn’t matter whose name is on the debt. For example, if a vehicle was purchased during the marriage and it is only in one spouse’s name, any remaining debt on the car should be divided between each spouse in a just and fair way.
Contact Us Today!
If you are going through a divorce and want to ensure that the property you and your spouse acquired is divided fairly, contacting an experienced lawyer can make all the difference. The Moffett Law Firm has been handling these types of cases for almost 20 years. We are here to answer any questions you have. You can always reach your legal team via in-person meetings, phone calls, or video calls. Call 713-987-4250 or contact us online to schedule an initial consultation.
