The Love DuCote Law Firm LLC Legal Blog

Research Texas asset division laws before filing for divorce

By the time 2020 comes to a close, many Texas spouses will file for divorce. Like those litigating divorces in other states, asset division is often a big concern for those ending a marriage in this state as well. No two cases are exactly the same. In fact, across the country and around the globe, there have been some unusual issues, which have sparked disputes in court.

Texas is a community property state, meaning marital property is typically 50/50 between spouses in divorce. This is not necessarily a literal division, however; rather, the value of assets is financially divided between spouses. Most readers will be surprised to learn that a couple in another country sawed their wooden house in two as part of their property division settlement. Another couple could not afford to take up separate residences when they divorced, so the judge ordered them to organize their existing home into two “households” by dividing the rooms between them.

In addition to asset division laws, every state has its own guidelines regarding child custody. In Texas, if a woman is expecting a child, it is unlikely the court will grant a request to divorce until after the child is born. This is because the court knows there will be child custody issues to resolve, so it may decide to hold off on finalizing divorce proceedings until after the baby is born and custody and support issues are resolved.

When a custody or asset division disagreement arises between Texas spouses in divorce, it can be challenging to negotiate a compromise. If the spouses involved cannot achieve a solution on their own, they may ask the court to intervene. An experienced family law attorney can provide clarification on state laws and guidelines and can remain on hand to help settle any further legal obstacles that arise, either during proceedings or after a divorce is finalized.

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