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Are there factors that affect property division in Texas?

As you are negotiating property division in your divorce settlement in Texas, there are a number of things you may want to consider. Texas is a community property state, meaning that all marital property is divided equally in half between you and your spouse. Whether your divorce settlement is being created by a judge who is presiding over your case, or you are going through mediation to determine the terms of your own divorce settlement, there are some things you should be aware of.

Property that is received by either spouse as of January 1 of the year in which you file for divorce is considered marital and eligible for division. All property and assets that were accrued during the marriage is, of course, divisible in the divorce settlement. However, items that were given as inheritance or as a gift by a third-party to you or your spouse is considered separate and may stay with you or your spouse even after the settlement is finalized.

The judge involved in the case may also look at who is at fault in the failure of the marriage. Otherwise known as grounds for divorce, the court will consider whether one spouse cheated on the other or caused irreconcilable differences, as opposed to the couple simply agreeing to part ways amicably. Also, keep in mind, the length of the marriage. For example, the longer the marriage lasted, the more likely the judge is to sway from splitting property equally between you and your spouse.

This information is intended to educate and should not be taken as legal advice.

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