Se Habla Español | Nous Parlons Français

Division Of Community Property

You are here:

Texas is one of only nine states in the United States that has enacted community property laws. All other states in the U.S. are common law states. Community property rights can be confusing, particularly when property becomes commingled and attorneys must employ tracing rules to “untangle” marital estates.

Irrespective of the size or complexity of the marital estate, it is important that you retain an experienced legal team to protect your property rights during divorce. The lawyers at Laura Dale & Associates, have extensive experience handling high-asset divorces including extensive community property.

The Division Of Marital Estates Must Be Just And Right

In a Texas divorce, the marital estate will be divided based on a “just and right” division. Many factors can influence a court’s determination of what is just and right, including:

  • Fault in the breakup of the marriage
  • Benefits that an innocent spouse would have obtained had the marriage not ended
  • Disparity in income earning capacity and education

These are only a few examples of facts that a court considers when dividing an estate.

A property division award can be 50-50, but can also disproportionately favor a party who has been wronged. Divisions of 53-47, 57-43 and 60-40 are not uncommon in Texas. In extreme cases, a court can make a 70-30 division, or even higher. Legal experience is important when arguing these cases.

What Is Considered Community Property In Texas?

Disputes about the “character” of property (whether it is separate or community) are common, but can be extremely complex depending on the nature of the assets in dispute, the size of the estate and the length of the marriage. Determining equitable division of community property is a worthwhile challenge if you seek to protect your right to your share of complex, high-dollar assets.

How do you determine community property if there’s a conflict? With a combined experience of more than 30 years, the board certified attorneys at Laura Dale & Associates, are prepared to fight for a fair determination of community property versus separate property. Do not allow a divorce lawyer’s inexperience to weaken your case or compromise your claims.

Protect Your Separate Property

With the popularity of 401(k)s, stock options and other employee benefit plans, most people who marry today have separate property claims. In Texas, all marital property is presumed to be community property subject to a just and right division at the time of divorce, unless it is separate property..

The burden of proving that property is separate falls on the party making the separate property claim. If separate property claims are not plead and proven at the time trial, they are lost forever and the property is divided.

Protecting your separate property requires an experienced lawyer who can not only identify the claim, but has the resources necessary to quantify the claim. The experienced legal team at Laura Dale & Associates, will work hard to preserve your property rights.

A Law Firm Well-Prepared To Advocate For Your Best Interests

At Laura Dale & Associates, we not only have the legal knowledge you seek, but we also have resources aimed at resolving high-conflict divorce cases, such as:

  • A highly experienced and dedicated staff
  • Law offices with multiple meeting rooms
  • Video conference capabilities
  • A database of legal experts prepared to testify on areas relevant to your case

We are ready and able to persevere in enforcing your property rights in a Texas divorce involving complex, high-worth assets.

Contact A Texas Asset Division Attorney

Get personalized answers to your questions. Please call our Houston office at 713-574-7952 or email us to schedule an appointment.

Practice Areas

Read Our White Paper

International Family Law:
Divorce And Custody In A Global Age