PLEASE NOTE: We are still open and operational! To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options. click here for Covid 19 updates
Laura Dale & Associates, P.C.
713-574-7952

How are assets treated in a Texas divorce?

Whenever a couple heads for a split, both sides are usually concerned about their property rights. Questions can range from things like, "Who gets to keep the furniture?" to "What happens to the retirement fund?" The more assets you have at stake, the bigger your concerns likely are.

Here's what you should know if you're getting divorced in Texas:

Texas is a community property state. That means that everything acquired after marriage by either spouse (with some exceptions) is generally deemed to belong equally to both parties. That means the money you socked away in your solo retirement count belongs to both you and your spouse, just like the home you bought together and the money that you have in your joint accounts.

That does not mean, however, that everything you own will automatically be divided in half. Texas courts aim to divide marital property in a way that's fair to each party -- and that may not be exactly "equal."

What shifts the needle between "equal" and "fair" when the court has to decide how to split a couple's assets? The judge may look at things like:

  • Each spouse's educational level, ability to work and employment prospects
  • Each spouse's separate property and income, including whether those assets and income are enough to live on
  • Any valid prenuptial or postnuptial agreements between the two parties that speak to the division of property and debts
  • Whether or not one of the spouses wasted the marital assets or committed some kind of fraud against the other

It's wise not to assume that you and your spouse will have to split everything equally. An experienced family law attorney can help you work toward a fair division of assets.

No Comments

Leave a comment
Comment Information
  • TAOFLS
  • Board Certified
  • IAFL
  • Super Lawyers 2019
  • Best Lawyers
  • Avvo Rating
  • Avvo Rating
  • Avvo Client Choice 2014
  • Avvo Client Choice 2014
  • Best Law Firms Badge
  • Laura Dale
  • Texas Bar Today Top Ten Badge

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.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Laura Dale & Associates, P.C.
email us for a response

OFFICE LOCATION
1800 Saint James Place
Suite 620
Houston, TX 77056

Phone: 713-574-7952
Fax: 713-600-1718
Houston Law Office Map

Review Us