Michalk, Beatty & Alcozer, L.P.


Property division laws in Texas

Divorce in Texas can bring with it many unexpected issues and complications. Every soon-to-be divorced spouse has different goals when it comes to how they wish a divorce to play out. Some may desire certain child support and child custody outcomes to fall in place, while others may seek spousal support in order to continue to maintain the same quality of life they enjoyed before the divorce. Having specific goals can help when planning to undergo the divorce proceedings.

Many, too, have specific goals in mind when it comes to property division. Wanting to protect certain assets is common -- especially those that hold great monetary or sentimental value. Whether it's the family house, a boat or car -- or something with less monetary value, but more sentimental value, such as a family memento or pet -- there are ways to fight to protect certain assets in a divorce.

But first it can be helpful to understand the laws that govern property division in Texas. Texas is one of the few states that adheres to community property laws. While most states adhere to equitable distribution laws, in which a judge decides what is considered fair or equitable, Texas laws are governed by the rules of community property. This means that all marital property is generally considered community property, and all community property is to be divided evenly, with separate property retained by the original owner.

Knowing the nuances involved in divorce cases is not always easy. There are many complexities involved that can prove confusing to many. Attorneys are available to help soon to be divorced spouses navigate this sometimes confusing landscape and fight to have their interests protected.

Source: FindLaw, "Divorce Property Division FAQ," Accessed on April 24, 2017

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