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Property division can be one of the more complicated aspects of divorce in Texas. Below are answers to the most commonly asked questions regarding the division of property during a divorce. These are general answers and a consultation with a lawyer is recommended to properly evaluate your case. Contact your Houston divorce attorney today for a complimentary consultation.
What is the Marital Estate in Texas?
What is Separate Property in Texas?
What is Community Property in Texas?
How Do I Know if Property is Community or Separate?
How Do the Courts Divide Property in Texas?
The court will divide the marital estate in an equitable or fair manner after considering the rights of the spouses and any children of the marriage. The spouses may divide their property as they see fit if an agreement can be reached.
Am I Entitled to 50 Percent of the Property?
Upon divorce, each spouse is generally entitled to fifty percent of all community property. However, courts can award a disproportionate share of property to a spouse due to the other spouses fault in the breakup of the marriage (adultery, cruelty, etc). You lawyer will help you determine if fault is a factor in your divorce.
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