The division of property during a divorce can be a difficult and emotionally draining task. Not only are you attempting to divide what may have taken years to accumulate but also the physical separation of your marriage property may prove to be a confusing financial endeavor. For instance, who gets the new shiny SUV or what about the antique heirloom you acquired from your great Aunt Pam? If you and your ex-spouse cannot agree on how to divide your property during your divorce, a Texas judge will decide the matter for you. However, you do not need to struggle with the complex laws surrounding property distribution on your own.
The State of Texas is a community property state. A community property state such as Texas dictates that all property (with the exception of separate property, discussed below) acquired by either spouse during the marriage will be considered community property. There is a presumption under Texas law that all property acquired during a marriage is community property and therefore equally owned by both spouses. This presumption is referred to as the community property presumption. Therefore if you cannot come to an agreement with your spouse about how to justly divide your community property, a Texas judge will assess the value and items of all the community property involved and split it between you and your spouse in a just and equitable manner.
A spouse’s separate property consists of property owned before marriage, property acquired as a gift or inheritance and lastly any recovery received from a personal injury caused by the other spouse. All separate property will remain with you and not be divided by a Texas court. In order to prove your property is solely yours and thus separate property, you will need to present clear and convincing evidence to a Texas judge. This evidence is necessary in order to jump the hurdle of the community property presumption and assert that any property received by you during the marriage is solely owned by you and should be considered separate property.
There are many factors a Texas court will consider when dividing your community property. The financial and non-financial contributions of each spouse to the marriage, the involvement of children, and the reasons for the end of your marriage are just a few of the factors that may greatly affect how a judge will divide your community property. If you are facing divorce, contact the lawyers at the Law Office of Lauren Cain. Call 214-326-4664 to ensure your property and financial rights are protected.