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Understanding Texas’ community property division

On Behalf of | Oct 14, 2015 | Property Division

Divorce can be one of the most trying times in someone’s life. Not only is it an event that anyone wants to experience, it can leave some ex-spouses feeling as though they were railroaded because they didn’t get more assets. Texas is a community property state, though, and this means assets are divided by the court in what the judge considers a “just and right” division.

The court will review several factors to determine what that division entails. Some of those factors include:

— Whose fault the breakdown of the marriage can be attributed to.

— The education and earning capacity disparity between the two spouses.

— The benefits that would have been obtained by an innocent spouse had the marriage not failed.

The division of property in Texas can be a 50/50 split, but the courts can also award more to a spouse who has been wronged in the marriage. When arguing these types of cases, it’s important to have an experienced attorney on your side. Because the court will decide any disputes over whether property is community or separate, your attorney needs to show the court why it should belong to you.

Separate property is what a spouse brought into a marriage, while community property is what the couple received, bought or built during the marriage. If separate property claims are not proven during the divorce, then that property will be divided.

At Laura Dale & Associates, our legal team has the experience necessary to show the court why you should be awarded your property. We will advocate for our clients’ best interests. In order to learn more, visit our webpage on property division.