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Division of Property in a Texas Divorce

Texas follows the "community property" system for the division of assets and debts in a divorce. This means that most property acquired by either spouse during the marriage is considered jointly owned and is subject to division upon divorce.

The goal is to divide the property in a way that is "just and right," according to the court's discretion.

Key Concepts

Community Property

• Definition: Includes most of the property acquired by either spouse during the marriage, such as income, real estate, and personal property.
• Division: The court aims to divide community property in a manner that is fair and equitable, though not necessarily equal. Factors such as fault in the breakup of the marriage, each spouse's financial situation, and future needs may influence the division.

Separate Property

• Definition: Includes property owned by a spouse before marriage, gifts, and inheritances received solely by one spouse, and certain personal injury awards.
• Division: Separate property is not divided in the divorce and remains with the owning spouse.

Factors Considered in Property Division

The court considers several factors when dividing community property, including:

• Each spouse's earning capacity and health.
• Fault in the dissolution of the marriage, such as adultery or cruelty.
• The difference in earning capacities or education between the spouses.
• The custody arrangements of children, if applicable.
• Any spousal support obligations from previous marriages.

Special Considerations

Retirement Benefits

• Retirement and pension benefits accrued during the marriage are considered community property and subject to division.

Business Interests

• The division of business interests requires careful evaluation to determine what portion is community property and how it should be divided or compensated for.

Debts

• Debts incurred during the marriage are typically considered community obligations and are divided between the spouses.

Real Estate

• The division of real estate must consider whether the property is community or separate and may involve complex valuation to ensure a fair division.

Conclusion

The division of property in a Texas divorce is guided by the principles of community property law, with the aim of achieving a division that is just and right. Given the complexities involved, especially with high-value assets or mixed property types, it's often beneficial to seek legal advice.

A legal professional can help navigate the division process, ensuring that your rights are protected and that the division of property is handled fairly and equitably.