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Property division facts for your divorce case

On Behalf of | Feb 27, 2023 | Property Division

Although guidelines exist for the division of property in a divorce, no two cases are alike. Property division depends upon the specific details of your case, though there are many misconceptions about how the courts divide property in Texas divorce cases.

There are three things everyone should know before starting their property division negotiations.

1. Property division is not always equal

A common misconception is that, since Texas is a community property state, the court automatically divides all property equally between both parties in the divorce. Many factors affect property division. In a fault-based divorce, the transgressions in question could shift the property division in the other party’s favor. Each spouse’s earning power, the timing of the asset’s acquisition and any efforts made to conceal assets also play a role in property division.

2. Keeping assets in your name may not protect them

You might think you can protect some property from division by keeping it only in your name. In community property states, that does not protect it. You might protect your rights to it if you owned the property before the marriage and it remained isolated from your marital assets.

3. You may lose a portion of your retirement fund

Any balance in your retirement fund before the marriage remains yours, but the courts may award your spouse a portion of the contributions made during the marriage.

Having clear expectations of the property division in your divorce will reduce the risk of surprises during the court hearing or negotiations. This may reduce the sources of conflict during your divorce case as well.


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