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Blog 2016 August How Texas Courts Divide Property
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How Texas Courts Divide Property

Posted By Law Office of Kathryn Marteeny || 5-Aug-2016

As you begin the divorce process, you may be wondering how the courts in Houston will divide you and your ex’s property. Learn more about the process from a Houston divorce attorney.

The state of Texas considers all income and property acquired during the marriage as community property. Community property means that these assets belong to both spouses equally, thus during a divorce, the Houston family courts will do their best to split the assets equally. In addition to income earned and property acquired, any debt incurred by both members of the marriage will be split equally unless there is considerable evidence for assets to be split differently.

Community Property vs. Separate Property

Community property is legally defined as property obtained or earned during the marriage that isn’t separate property. Spouses who choose to keep certain properties separate from the division of property must prove that the asset was separate from the marriage. Examples of separate property include property gifted to one of the spouses by a member of his or her family or an inheritance received from a family member.

Property commonly divided in divorce:

  • Family home
  • Other properties such as vacation or rental properties
  • Jewelry
  • Clothing
  • Income
  • Dividends
  • Benefits

The Balancing Act of Property and Debt

While it is standard to split assets and debt evening, the court has discretion to choose a division that is more fair than equal. The courts will consider income, earning potential, education, age and health of the spouses when determining adjustments for property division. In addition to those factors, Texas courts will also factor in whether one spouse was at cause for the dissolution of the marriage.

Check out these other pages for more information on divorce and property division:

  • What to Expect in High-Net Worth Divorce
  • Navigating through Contested Divorce
  • Factors that Affect Child Custody

For more information contact our skilled Houston divorce lawyer at (713) 936-2300 today.

Categories: Divorce, Property Division

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