In divorce, a lot of assets and property must be divided between the divorcing parties. This must be done according to Texas divorce law, which can be a bit complicated when it comes to property division at divorce. It gets complicated when determining exactly what property is subject to being divided and what property or assets are not subject to division in a divorce.
Texas divides property and assets in a divorce into either community property or separate property. Community property is subject to division following a divorce, while separate property is retained by whichever spouse it belongs to. You should always discuss your case with a Sugar Land property division lawyer who can provide guidance.
Separate vs. Community Property
Separate property is not subject to division at a divorce in Texas. Separate property is considered to be the respective spouses’ own property that they keep following divorce. Typical property that is considered separate property in Texas includes property that was owned or claimed before the marriage, and certain types of property acquired during the marriage such as gifts and inheritance, monetary recoveries for personal injuries (except recovery for that person’s loss of earning capacity), or property gifted from either the husband or wife to one another. These types of property acquisitions during the marriage are still considered separate property and might not be divided in divorce.
Community property is the property that is subject to division in a divorce. According to Texas law, community property is “all property acquired by either the husband or wife or both during the course of the marriage, other than separate property.” So, essentially any property acquired by either spouse following the marriage that does not fall into the aforementioned exceptions is considered community property in Texas and subject to division in a divorce. All property that is classified as community property is owned equally by the spouses and will be divided between the husband and wife during the divorce process.
Division of Property
While Texas law states that both the husband and wife have an equal ownership interest in the community property, this does not mean that a divorce court will divide or award the property equally between the spouses during the divorce process. Based on the situation, a court may choose to unequally divide community property between them. This will only be done if the court finds that it is “just and right” to award an unequal division of property.
When determining a “just and right” marital property division, the court will consider factors such as:
- The spouse’s and children’s needs
- Earning capacity of the spouses
- Age and health of the spouses
- Education level of spouses
- Which spouse will mainly be raising the children
This tends to be a common dilemma in divorce proceedings and a cause for much stress and contention. What a court may see as a ‘just and right’ division of community property may not appear as such at all to a spouse who’s on the losing side of such a division. This is why you need an experienced divorce attorney at your side to make sure that your community property is divided in a way that is fair and just to you.
Finding the Right Sugar Land Property Division Lawyer for You
In the Sugarland region of Texas, the attorneys at Jamie Jordan PLLC are especially equipped to handle your divorce case and ensure that an equitable and fair property division of your community property is reached for your divorce. Our attorneys work to ensure that any property division in your divorce is not unfair or unreasonable to you. For a consultation, you can contact us online, or call us at (832) 430-6200 today.