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Splitting Community Property During a Divorce in Texas: What You Need to Know

by | Jun 2, 2023 | Community Property

Family law can be an emotionally charged field, particularly when it comes to the division of property during a divorce. This process can be fraught with tension and confusion, especially if you live in a community property state like Texas. Today, we’re going to explore the critical subject of splitting community property during a divorce in the Lone Star State.

Understanding Community Property

Firstly, it’s crucial to understand the definition of community property. Under Texas law, community property is essentially all property acquired by either spouse during the course of the marriage, with the exception of separate property.

Separate property includes anything one spouse owned before the marriage, gifts and inheritances received during the marriage, and any recovery for personal injuries sustained during the marriage, except for recovery for loss of earning capacity.

In contrast, community property could include items like the family home, cars, retirement accounts, and even debts incurred during the marriage. This is an important distinction to remember: not only assets but also liabilities are divided during a divorce.

Equal But Not Always Even

The general rule in Texas is that the court will divide community property in a manner that is “just and right.” This does not necessarily mean a 50/50 split. Texas courts can, and often do, take various factors into account when dividing community property. These can include disparities in earning power and health between the spouses, who has custody of children, fault in the breakup of the marriage, and wasteful dissipation of community assets, among other things.

While it may seem daunting, this is actually a balanced approach that takes into account the unique circumstances of each case. This ensures a more equitable distribution, as opposed to a strict half-and-half split that might be unfairly burdensome to one party.

Steps to Divide Community Property

Identify the Property

Identifying all of the community property that exists at the time of divorce is the first step. This process can sometimes be complicated, especially in high-asset marriages or where property has been commingled.

Valuation of the Property

Once the marital property has been identified, it must be valued. The valuation of certain assets like retirement accounts, businesses, or real estate can be complex and may require experts like appraisers or accountants.

Division of the Property

After the property has been identified and valued, the court will divide the property. The division of property is not always a simple process and may require creative solutions. It’s important to remember that the division is intended to be equitable, which may not always equate to equal.

The Importance of Legal Guidance

Attorneys Erica Rose and Charles Sanders

Splitting community property during a divorce in Texas can be a complex and challenging process, especially without professional guidance. Engaging an experienced Texas family law attorney can provide invaluable assistance, ensuring your interests are protected and helping you navigate through the legal process. Contact Rose Sanders Family Law for a consultation at (713) 221-3773

Remember, every situation is unique, and the information shared here is general in nature. Always seek personalized advice from a qualified professional. If you have specific questions or require further assistance with your divorce, we encourage you to reach out to a professional to help you navigate this challenging period.

In the end, understanding the laws surrounding community property and how they apply to your unique situation can make a significant difference in your divorce outcome. Being informed and prepared will always serve you well during this process.

The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available in this article are for general informational purposes only.

Sources: Texas Family Code Chapter 7 – Award of Marital Property Texas Family Code § 3.001 – Separate Property Texas Family Code § 3.002 – Community Property