Laura Dale & Associates, P.C.
Se Habla Español Nous Parlons Français
Call 713-574-7952 or 888-572-6059
888-572-6059

What constitutes community property in Texas?

During a divorce, the court will determine who gets what marital property if the couple cannot determine how to split it up themselves. Texas is a community property state, which means that if the judge splits the property, it will be done as close to 50/50 as possible.

Community property is another name for marital property. This can include such items as family homes, vacation homes, automobiles, furniture, artwork, stocks, bonds and retirement accounts. Debt is also included. The courts consider many factors in how community property is divided and this can have a profound effect on what a spouse will have to start his or her non-married life with. Some of these factors include:

-- Whether there are any fault grounds for the divorce, such as cruelty or adultery.

-- Each spouse's earning capacity.

-- Which parent is the children's legal caretaker?

If there is no prenuptial agreement in place, then state law will determine how property will take place. Separate property includes that which was owned before the couple married, inheritances left to one spouse, separate bank accounts, gifts to either spouse, proceeds from personal injury lawsuit and property that either spouse obtained after separation.

Some of the other factors a judge might consider when dividing community property include:

-- Age difference

-- Overall health

-- The size of the estate

-- Any inheritances the spouses anticipate receiving

-- Gifts a spouse receives

An attorney with experience in divorce can provide you with additional information on community and separate property. He or she can work to see that you get what you deserve during the divorce.

Source: FindLaw, "Community Property Overview," accessed Jan. 12, 2016

No Comments

Leave a comment
Comment Information

Client Testimonials

  1. Laura Dale the best Family Law attorney I have ever met... Posted by John...Listens, takes your calls, tells you the truth (even when it may not be what you want to hear)... Read More

  2. The Best...Posted by a Child Custody client... Laura Dale handled my international child custody and divorce matter. I am an attorney in Houston and was referred to her... Read More

  3. A Meticulous, Knowledgeable, Attorney with Heart...Posted by a Child Custody client... Laura was not the first attorney that my husband and I interviewed for an extremely complex... Read More

  4. Top Notch, Hands Down - The Best...Posted by Tammi, a Child Custody client... Laura Dale has been absolutely the best attorney I could have found for my difficult child custody... Read More

Contact Our Experienced Team Today | Se habla español | Nous parlons français

Due to the experience our lawyers have in many specialized areas, you can rely on us to put together the right team to handle your case, even if it centers on complex issues such as international family law, business valuation or bankruptcy. Contact us today to make an appointment to discuss your needs with a knowledgeable lawyer.

Laura Dale & Associates, P.C.
1800 Saint James Pl.
Suite 620
Houston, TX 77056

Toll Free: 888-572-6059
Phone: 713-574-7952
Fax: 713-600-1718
Houston Office Location

Review Us