Is There a Minimum Period of Time before You Can Claim “Just and Right” Division of Assets?
In Texas, with it’s community property approach to the division of marital assets, you have the right to “just and right” division of property, which often means you’ll get half of the marital estate. But how long do you have to be married before those rights fully vest? Is there any minimum period of time that the marriage must last for property to be considered community property?
How Do the Texas Community Property Laws Work?
The state of Texas has followed the community property model for distribution of marital assets since its inception, with the principle originating at the state’s constitutional convention in 1845. Under the Texas community property laws, the assets in a marital estate are identified as either community property or separate property. Separate property includes:
- Property owned solely by one of the parties before the marriage
- Property obtained by one of the parties during the marriage through inheritance, gift or in a personal injury claim
Separate property in Texas goes back to the rightful owner under Texas law. All other property, identified as “community property,” is subject to a “just and right” distribution, which often is, but need not be, an equal split in value.
How Long Do You Have to Be Married to Be Entitled to Half of the Marital Estate?
Technically, under Texas law, a party to a divorce is never “entitled” to half of the assets of the marriage. The law calls for a “just and right” allocation of property, which often is, but does not need to be, half of all marital property.
The right to divide property under the community property laws in Texas applies from the moment a valid marriage has been completed, whether it’s a formal process or a common-law marriage. There is no minimum amount of time that a person must be married to be able to claim assets in accordance with the Texas community property laws.
Contact DTX Family Law for Sound Advice Regarding Spousal Maintenance in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay and North Richland Hills