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Blog 2018 February How is My Property Divided in a Texas Divorce?
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How is My Property Divided in a Texas Divorce?

Posted By Law Office of Kathryn Marteeny || 26-Feb-2018

There are many tricky aspects in divorce, and sometimes property division can be more difficult to contend with that others. Couples involved in long-term marriages can accumulate a large amount of assets during their time together. Even spouses married for a short period of time can gather a significant number of properties. If you are ready for a divorce, or if the divorce process has already begun, it is important that you know what will happen to your properties and assets.

About the Divorce Process

In the state of Texas, all property gathered and shared in a marriage is considered communal property. Communal property is owned by both spouses together, and is therefor susceptible to division in the event of a divorce or separation. You may seek to obtain a divorce independently, or through mediation. In either case, both you and your spouse may decide how to divide your assets in a divorce. However, if you are divorcing through litigation, the judge overseeing your case will determine how your property will be divided. The court’s job is to divide all communal property in a way that is “just and right.” While this means the judge will look to divide all assets fairly, it does not necessarily mean all assets will be divided 50/50.

Assets & Properties

Any shared assets can be considered communal property. This often includes the family home, vehicles, vacation homes, shared accounts, investments, and sometimes retirement funds. If one spouse runs a business, the business might also be considered a part of the marriage’s communal property. Any debts from the marriage can also be divided in the divorce. This may include personal loans, car loans, credit card debts, and other types of debts. Student loans may sometimes be included here as well, if the spouse’s education helped support the marriage in some way.

Factors that Affect Property Division

There are several factors the court will consider when dividing assets in a divorce. Many of the aspects the court will consider relate to the role of each spouse in the marriage, and the individual situations of each spouse. The factors the court will consider may include:

  • The incomes of either spouse
  • The earning capacity and education of either spouse
  • The physical and mental health of either spouse
  • Each spouse’s individual properties, assets, debts, and inheritance

The courts in Texas may also consider each spouse’s fault in ending the marriage. If, for example, one spouse was abusive, or one spouse cheated on the other, the at-fault spouse might receive fewer assets than the other. Because of the above issues, the Texas courts may find that dividing assets fairly does not always mean they are divided evenly.

There are a few other factors that might influence how property is divided in a divorce. If you shared children, the outcome of child custody could alter how assets are divided. Also, if one parent is paying child support, that too could allow for an adjustment in the way assets are divided. If spousal support, or alimony, is also a factor in the divorce, this too could influence asset division.

It is important to remember that each divorce is different, and the ways in which assets may be divided can vary for each couple. For more information about the division of your assets in divorce, it is important that you discuss your situation with a family law attorney.

Contact our Houston divorce attorneys at the Law Office of Kathryn Marteeny to get started.

Categories: Divorce, Family Law, Property Division

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