How is property divided in a Texas divorce?

During a divorce in Texas, the division of assets such as money, real estate, and personal property is a key issue. In Texas, a community property state, assets acquired during the marriage are generally considered community property and are divided between the spouses in a divorce. This includes income, savings, real estate, vehicles, and even unique collections like pets and wine.

However, Texas law specifies that certain assets are not subject to division in a divorce. Understanding the nuances of asset division in a Texas divorce is crucial for a fair resolution, a topic frequently addressed by the Law Office of Dana Baker.

Division of Assets

In Texas divorces, assets are divided based on community property laws, meaning that anything acquired during the marriage is deemed community property and must be equally divided. This encompasses bank account funds, real estate, vehicles, investments, and retirement accounts.

Disagreements over what constitutes a “fair” division are common. When spouses can’t agree, the court decides, taking into account factors such as earning potential, support needs, contributions to the marriage, and prior property agreements.

Division of Inheritance and Gifts

Assets received as inheritance or gifts by one spouse are considered “separate property” and aren’t divided in a divorce. This applies regardless of when the inheritance or gift was received. However, if both spouses receive an inheritance or gift, it’s treated as community property.

The spouse claiming an asset as separate property must provide clear evidence. If an inheritance or gift is mixed with community assets, like in a joint bank account, it might be considered community property.

Property Acquired Before Marriage

Assets owned by one spouse before the marriage typically remain with that spouse after a divorce. This also applies to property acquired during the marriage with assets owned prior to it. Proving ownership before marriage is essential, sometimes requiring extensive records and possibly expert testimony.

Getting Started with Dividing Assets

The process begins with identifying all assets, categorizing them as community or separate property, and then valuing them. This might involve agreements, records, or appraisals. If spouses can’t agree on division, they may need mediation or to proceed through the divorce court system.

For assistance with asset division in a Texas divorce, contact the Law Office of Dana Baker at 979-310-5507.