McLean & Associates L.L.C.

The Division of Property in a Texas Divorce

In the state of Texas, community property rules apply, which entails that all assets owned by the couple are deemed marital property and subject to division. Texas boasts some of the most intricate property division laws in the nation.

Having an attorney who comprehends the complexities and subtleties of Texas family law is crucial to safeguarding your interests during the asset division process. At Mclean & Associates L.L.C., we possess extensive experience in representing clients and are adept at achieving the most favorable outcomes in property division cases. We are dedicated to protecting your rights and ensuring you receive the best possible resolution during this critical phase of your divorce.

Texas operates as a community property state, meaning that any property classified as community property is divided equitably between spouses. However, this does not necessarily imply an automatic 50-50 split. Instead, the courts have the discretion to allocate property in a manner deemed just and fair.

During the assessment of a just and fair division of marital property, courts consider several factors, including the duration of the marriage, whether one spouse sacrificed their career to care for minor children, and the age and work history of each spouse.

In cases where divorce is pursued based on fault grounds, such as cruelty or adultery, our lawyers diligently advocate for property division decisions that acknowledge these negative behaviors. We strive to secure a more substantial share of community property for our clients in such situations. Our goal is to ensure that our clients' interests are protected and that they receive an equitable distribution of assets during the divorce process.

Factors Associated with Property Division

In Texas, the property division process differs from most states, as judges possess substantial discretion in determining how assets will be distributed. Several factors come into play during this assessment, such as:

Size and value of the marital estate.
Value of any separate assets owned by each spouse.
Age and health of both spouses.
Earning potential of each spouse.
Circumstances leading up to the divorce and the dynamics involved.
Contributions made by each spouse to the estate.
Separate inheritance or gifts received by either spouse.
Instances of improper use of assets.
Other elements in the divorce, including child custody, child support, and spousal maintenance.
Tax implications related to the division.

Taking these variables into account, the judge will issue a decision aimed at ensuring a fair and equitable division of the community property.

Keeping Separate Property Separate

The classification of property as separate or community holds immense significance because only community property is subject to division in a divorce. By default, courts presume that all property owned by the spouses at the end of the marriage is community property. To prevent division, spouses must demonstrate that certain properties are separate, meaning they were owned individually before the marriage or acquired through gift, devise, or inheritance during the marriage. However, this process can be complex, as properties that were initially separate might become community property through commingling.

At McLean & Associates L.L.C., our attorneys conduct thorough investigations into all our clients' and their spouses' properties, debts, and financial holdings. We collaborate with experts to trace separate properties accurately and meticulously evaluate the nature of each asset to ensure precise characterization between community and separate property. Armed with a comprehensive understanding of the marital estate, we strive to achieve property division decisions that provide our clients with the necessary property and financial assets to exit their marriages in the most secure manner possible. Our goal is to safeguard our clients' interests and secure a just resolution for their future.