Texas is a community property state. All property acquired during the marriage is the property of both spouses. When a divorce occurs, the court must divide the couple’s community property equitably based on several factors.
One of the most contested issues in a divorce is the division of property. Depending on how long the marriage lasts and the lifestyle of the couple, there may be many assets that need to be divided when a couple decides to call it quits. Not only is property valuable, but spouses can also have emotional attachments or sentimental reasons for wanting to keep certain pieces of property. If you want to ensure you receive the property you are entitled to receive in your divorce, contact a Sugar Land property division lawyer for help.
How Texas Defines Community Property
Texas is among nine other states that are community property states. In this state, any property that a couple acquires during the course of their marriage is equally owned by each spouse. There are very few exceptions under this law. Community property must be divided in the divorce. If a spouse has separate property, meaning property they acquired before the marriage, they get to keep it in the divorce. Gifts given to one spouse or recovery for a personal injury for one spouse are also considered separate property.
Under Texas law, all property in a divorce is considered by the court to be community property, unless one spouse can and does prove that it is not. Many spouses going through a divorce will turn to a skilled Sugar Land property division attorney to help them prove this.
Dividing Community Property in a Divorce
A family court judge is required to divide community property among the divorcing spouses according to what is equitable. To do this, they consider factors such as:
- Who has fault in the breakup of the marriage
- The difference in earning power between the spouses
- The health of each spouse
- Who receives custody of the child(ren)
- The education and training of each spouse
- The future employability of the spouses
If a prenuptial agreement exists between the spouses, the property will be divided according to the agreement unless the agreement is invalid. The couple can also negotiate their own terms for property division and present them to a judge for approval.
It is important to note that once the divorce is finalized, the division of property cannot be changed. Although you can modify other terms of a divorce such as child support, the division of property is permanent. By hiring an experienced Sugar Land property division lawyer, you can ensure that you receive what you should in your divorce.
Contact an Experienced Sugar Land Property Division Lawyer Today
At Jaime Jordan, PLLC, we know that divorces are stressful. Property division is one of the factors that can increase your stress during the divorce process. We strive to help you understand your rights and, even more so, to protect them in a divorce. You can learn more about your property rights in a divorce by scheduling your legal consultation with a Sugar Land property division attorney today. Call (832) 463-4933 or reach out to us online.