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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.


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What is the Marital Estate in Texas?

The Marital Estate is all property owned by the spouses including separate property and community property.


What is Separate Property in Texas?

A spouse’s separate property consists of property owned by that spouse prior to the marriage, gifts, inheritance, property that has been left to the spouse in a will and awards received for person injury claims (with some exceptions).

What is Community Property in Texas?

Community property is all property other than separate property acquired by either spouse during the marriage. Texas is a community property state.  Property can include personal property, money, bank accounts, retirement accounts, business assets and real property.

How Do I Know if Property is Community or Separate?

In Texas, all property owned at the time a divorce is filed is presumed to be community. By following the above definitions it can be fairly easy to show a court what property is separate and what property is community. Money in bank accounts, retirement benefits and other types of property may be more difficult to identify as community or separate property. If the parties cannot reach an agreement, the court will determine the status of the property after hearing evidence presented by you and your attorney.

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.

Child Support for Children with Special Needs

Child Support for Children with Special Needs

Divorces that involve children are naturally the most difficult of all, and if your child has special needs, it is that much more difficult. Children with special needs often require more ongoing care and attention than other children – often far into their futures....

Is a Divorce Attorney Really Necessary?

Is a Divorce Attorney Really Necessary?

If you are facing a divorce, you have a lot of important decisions to make regarding you and your children’s future. If you and your divorcing spouse are in agreement about the divorce basics, you may wonder if you really need to bother with hiring a divorce attorney....

What You Need to Know about Child Custody in Texas

What You Need to Know about Child Custody in Texas

Nothing about divorce is easy, but if you’re facing a divorce that involves children, their ongoing well-being, health, and happiness are obviously your top priority. While the State of Texas employs some unique language when it comes to child custody, its practices...

Texas Alimony Considerations

Texas Alimony Considerations

Spousal support (or alimony) refers to a financial consideration one spouse pays the other after a divorce (and sometimes during the pendency of a divorce). Not every divorce involves alimony. In fact, alimony is never a certainty, but there are a wide range of...

The Divorce Petition: The First Step in the Divorce Process

The Divorce Petition: The First Step in the Divorce Process

Coming to the decision that it's time to end your marriage is never easy, and if you've recently come to this conclusion, you may be at a loss regarding how to move forward. The very first step after making the momentous divorce decision is to file a divorce petition....

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