Do the Community Property Laws of Texas Require a Specific Division of Marital Property?
Your marriage is over and it’s time to determine who gets the marital property—do the community property laws of Texas allow you to successfully complete a divorce without splitting the assets of the marriage? If so, what factors will the court consider when allocating assets?
The Long History of Community Property in Texas
The community property approach is the only way that marital property has ever been distributed in Texas, with the concept first introduced during the state’s constitutional convention in 1845. Under the state’s community property laws, all debts and assets of a marriage are identified as either separate property or community property. Separate property is defined as:
- Assets owned entirely by one spouse at the time of the marriage
- Property obtained during the marriage by either spouse as a gift, an inheritance or as a personal injury award
Separate property will generally be returned to the owner, whereas community property (anything not specifically identified a separate property) is subject to a “just and right” division. That division, though, need not be equal.
What Factors Will a Court Consider to Potentially Give a Greater Part of the Marital Estate to One Spouse?
The Texas courts may look at a number of issues when attempting to determine a “just and right” allocation of the marital estate, including:
- Fault of the parties in causing the divorce, such as marital infidelity, financial wrongdoing or cruelty
- The needs of the parties, including income, earning potential and employability
- The health and age of the parties
- The length of the marriage
- The custody agreement and the need of the custodial parent to have sufficient or appropriate assets
Contact DTX Family Law for Guidance in a Texas Divorce
At DTX Family Law, we always give top priority to the needs and best interests of our clients. We know that the legal process can be complex and confusing, and 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. We can help you determine whether an agreement incident to divorce is in your best interests and can draft one for you, if necessary.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, as well as the cities of Flower Mound, Highland Village, Bartonville, Lake Dallas, Corinth, Frisco, Northlake, Trophy Club, Haslet, Justin, Ponder, Coppell, The Colony, Lantana, Argyle, Roanoke, Copper Canyon, Hickory Creek, Lewisville, Little Elm, McKinney, Allen, Princeton, Anna, Lavon, Melissa, Parker, Lavon, Westminster and Weston