Division of property is an important aspect of a Texas Divorce. Texas is a community property state, which means that property acquired during the marriage is presumed to belong to both spouses. There are exceptions to this rule, so it is important to determine whether property is separate or community.
How is property divided in a Texas Divorce?
In Texas, property in a divorce is to be divided equally. This means that the court will consider the value of the community property and strive to divide it in such as way that both parties are awarded an equal value.
Factors Affecting The Division Of Property
While the general rule requires an equal division of property, the court may award an unequal division of property in some circumstances. This includes situations where one spouse was at fault, one of the spouses is unable to provide for their reasonable needs, and where a spouse committed fraud.
The court will also consider how property is titled and who generally used the property in determining to whom it will be awarded.
Community Property vs. Separate Property
As previously mentioned, property acquired during the marriage is presumed to be community property, even when it is titled in only one of the spouse’s names. If a part claims certain property to be their own separate property, then they have the burden of proof to the court.
Separate property includes any property acquired prior to the marriage, received as a gift, or inherited. There may also be a prenuptial or postnuptial agreement that designates certain property as separate.
How can an attorney help with property division in a Texas divorce?
Corpus Christi family lawyers can represent persons in a divorce and determine whether property is community or separate. A Corpus Christi TX family lawyer can help identify the marital property and pursue the fair division. By working with a family lawyer in Corpus Christi, you will have someone to advocate for you during the divorce.
If you are going through a divorce, contact the Law Office of Steve Lopez to schedule a consultation.