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Blog 2020 July Common Property Division Questions in Texas
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Common Property Division Questions in Texas

Posted By Law Office of Kathryn Marteeny || 7-Jul-2020

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.

Categories: Property Division

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Law Office of Kathryn Marteeny
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