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What happens to stocks in a Texas divorce?

On Behalf of | Apr 21, 2023 | Divorce

Divorce can present a complex and emotional process, with many aspects to consider, including asset division.

A common concern among divorcing couples involves the fate of their stocks and investments.

Understanding Texas community property laws

Texas follows community property laws, which means that any assets acquired during the marriage qualify as community property and require equal division between the spouses in a divorce. This rule applies to stocks and investments, whether held in individual or joint accounts. However, stocks or investments owned before the marriage or acquired through inheritance or gifts during the marriage count as separate property and do not undergo division.

Factors that affect stock division

While community property generally divides equally, several factors can affect stock division in a Texas divorce. For example, classifications of stocks as either vested or unvested exist. Spouses fully own vested stocks, while unvested stocks have not yet been fully earned or acquired. Dividing unvested stocks may prove more complicated, as the courts must determine their value and how to divide them upon vesting.

To fairly divide stocks, divorcing couples must assess their value. They can accomplish this by obtaining a current stock valuation or using the stock value at the time of the divorce filing.

Agreeing on stock division

In many cases, divorcing couples can agree on dividing their stocks and investments without court intervention. This process may involve negotiating a settlement, trading assets, or agreeing on a buyout. Considering the financial implications of these decisions is crucial to ensure fair and equitable stock division for both parties.

By working together to reach an agreement, divorcing couples can ensure a fair division of assets that accommodates their individual needs and circumstances.


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