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What is the standard used for property division in Texas?

On Behalf of | Apr 24, 2024 | Property Division

Navigating the complexities of divorce can be emotionally challenging. This is especially true when it comes to dividing assets and property.

Texas uses the community property system when it comes to divorce. Understanding these standards may help divorcing couples know what to expect with their case regarding property division.

What is community property?

Texas is a community property state, which means that any property acquired during the marriage is generally considered community property and is subject to equal division between the spouses upon divorce. This includes assets such as real estate, vehicles, bank accounts, retirement accounts and even debts acquired during the marriage.

What is individual property?

It’s essential to note that the law does not define all property as community property. Property acquired before the marriage, through inheritance, or as a gift is typically considered separate property and may not be subject to division in a divorce.

How is property division decided?

When determining property division, the courts strive for fair and equitable distribution. The judge will consider each spouse’s earning capacity, contributions to the marriage and any fault in the breakup of the marriage. The judge may also consider each spouse’s age and health, the value of individual property, and the needs of any children involved. They may also note whether either spouse wasted assets or committed marital fraud to ensure property division is fair and equitable.

Knowing the specifics of what constitutes community and individual property not only helps in preparing adequately for negotiations but also in setting realistic expectations about the outcomes of property division. This knowledge is key to navigating the complexities of divorce with a clear, informed strategy aimed at securing a stable financial future post-divorce.


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