If you are getting
divorced, then either the court or you and your spouse will divide all of the property
you own. Below, our family law attorneys at the Law Office of Kathryn
Marteeny, answer some of the common questions that clients ask us about
property division laws in Texas.
Question #1: Is Texas a Community Property State?
The answer is yes. Texas is one of nine states that is a community property
state, which means that most of the property that spouses acquire during
their marriage is equally owned by both spouses. Each spouse can keep
their separate property when the marriage ends.
Question #2: What Is Considered Community Property?
The following are examples of community property:
- All income from employment, including wages, salaries, tips, bonuses, and overtime
- Any real estate purchased during the marriage
- Vehicles purchased during the marriage, regardless of which spouse is named
on the title
- Individual contributions to 401K or other retirement accounts made from
the date of marriage
- Unemployment compensation and payment for lost wages
- Balance of single or joint-checking and savings accounts
Question #3: What Is Considered Separate Property?
The following are examples of separate property:
- Any real estate purchased before the marriage
- A vehicle gifted to a spouse by their parents
- Jewelry gifted to one spouse by the other spouse
- Retirement contributions made to a spouse’s retirement account before
the marriage
- A spouse’s inheritance
- A spouse’s personal injury settlement
Question #4: How Do Courts Divide Common Property?
Courts in Texas are not required to divide marital property equally. Instead,
courts must make a “just and right” division. Courts must
consider the needs of any children, education and earning capacity of
both spouses, fault in the breakup of the marriage, which spouse has custody
of the children, and any other factors that the court finds relevant to
the case. If the spouses make their own agreement regarding the division
of property and debt, then the court will generally approve the agreement
as “just and right.” The spouse who is awarded the property
is also usually responsible for the debts, such as a car payment or mortgage.
Speak to a Knowledgeable Property Division Attorney Today
Our team of highly-qualified Houston
family law attorneys is prepared to use our extensive resources and vast knowledge of the law
to push for the best settlement in your property division case. You have
a right to claim at least some of the assets you acquired during your
marriage, and we will vigorously argue for you to retain as much of them
as possible. Let us put our skills to work for you today.
To discuss your case with one of our divorce lawyers at the Law Office
of Kathryn Marteeny, please call {F:P:Sub:Phone} to
schedule your case consultation.