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Common myths about property division during divorce

On Behalf of | Jun 30, 2021 | Family Law

Some people mistakenly assume that getting a divorce will automatically result in splitting everything that they own right down the middle. In fact, this is not necessarily the case. This is just one of many common myths about how courts divide property during divorce proceedings.

People who are seeking a divorce in Texas should not wholly rely on what they have heard about the process from friends and family. Here are some of the most prevalent myths about the division of property.

Fault does not matter in divorce hearings

Many people think that being able to get a divorce for irreconcilable differences means that fault will not bear on legal proceedings or the division of property. However, if a court finds that one person was at fault for the breakdown of a marriage, it may affect how much property he or she gets.

Each spouse will keep his or her property

Texas is in a minority of states that treat a married couple’s assets as community property. There are a few exceptions, but most property that spouses acquire during a marriage will be community property. Even if property such as real estate or a car is in one spouse’s name, it may be subject to division.

Usually, it is beneficial if people try to reach a mutual agreement about property before letting a third party decide. Ultimately, if a divorcing couple cannot agree on how to divide assets, a court will make the final determination and try to arrive at a fair and equitable outcome.


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