Texas is a community property state that follows equitable distribution of marital property in the divorce process.
This means your marital property is split into community property and separate property before the division. Your community property is any asset or debt that has been acquired throughout the marriage. This includes investments, real estate, debts, and savings. There are several exceptions to this, such as compensation that has been awarded, gifts and inheritance.
Separate property is anything that either spouse owned before the marriage. This remains in their possession following the marriage.
All community property is subject to equitable distribution in Texas and this means that the Judge has the right to decide the split in a way that they deem fit. This means that if the Judge believes there has been a compelling case for one spouse to receive a 60% split and the other a 40% split, they have the power to award this.
This means the answer to the question, “is everything split 50-50 in a divorce in Texas”, is it depends. It may be an equal split, but it may not, and ultimately it will rely on the Judge and their decisions if you do not come to an agreement yourself.
Speak to a Divorce Attorney at The Love DuCote Law Firm LLC
If you are considering a divorce in Texas, and are concerned about the division of your marital assets, you should contact the team here at The Love DuCote Law Firm LLC. Our attorneys have a lot of experience in dividing assets and have helped countless spouses pursue their fair share of the marital property.
In a Texas divorce, all marital property acquired during the marriage is classed as community property and this means all community assets must be divided equitably. However, under community property laws, your case will be analyzed by the Judge.
They may consider certain factors, and may decide that certain assets should be classed as separate, even if they were acquired during the marriage. When it comes to community property division, if one spouse has accrued a huge debt through their gambling addiction, for example, the Judge may decide that the gambling debt should be classified as separate property belonging to that spouse under the Texas family code.
Here are some of the other things that they may consider in their decision:
- The needs of each partner in the marriage and their individual earning capabilities.
- The amount of separate property that each spouse owns.
- Whether one spouse is the primary caregiver for the couple’s children.
- Whether one spouse was at fault for the divorce.
Why Property Division in Texas can Be Extremely Complex
When it comes to the divorce process, the division of assets can often be contentious and complex, especially when there are certain assets that are challenging to value, find and divide.
Some of the more complicated assets that you and your attorney may need to draft in financial experts to understand:
- Retirement funds.
- Cryptocurrency holdings.
- Art and antique furniture.
- Life insurance policies.
- Offshore assets and real estate.
- Self owned businesses.
This is where a skilled divorce attorney that has experience in cases involving the division of assets becomes important. Not only will they have an excellent knowledge of the rules and laws, but they will also have access to a panel of experts they can bring in to help them evaluate assets.
Here at The Love DuCote Law Firm LLC, we have a long list of happy clients whom we have won favorable outcomes for, helping them to pursue what is rightfully owed to them in their divorce.
Spousal Maintenance in Texas
Another important issue for many divorcing couples in Texas, is spousal maintenance. This is a payment awarded to one partner from the other to ensure they can live the same standard of life while they get back on their feet. This may be to help them seek employment or to help them go through the education they sacrificed.
It is worth remembering that a Texas Judge may not always grant spousal support in a divorce. There are a lot of conditions and requirements, such as a strong justification such as:
- Domestic abuse.
- Inability to self support.
- Marriages lasting 10 years or more.
Even when a condition is met, the spouse that is seeking spousal support must still present a compelling case that shows they are willing to make an effort to become self-sufficient.
How is Property Divided in a Divorce – FAQ
In community property states it is important to divide the marriage property into community and separate. Separate estates include all property acquired before the marriage and community property includes all property acquired during the marriage. Your community property is subject to just and right division.
All property that is divided in a divorce in Texas is subject to an equitable division, not an equal division. This means the Texas courts have the right to change the split to whatever they feel is fair and just with the right convincing evidence.
Although community property is presumed to belong equally to both spouses, ultimately, it must be divided in an equitable manner, which doesn’t always mean a 50/50 split. Some grounds for keeping community property separate could include having primary custody of children or a large income disparity.
As Texas follows no-fault rules, it means that the majority of couples who divorce use a no-fault reason, such as insupportability. This means neither party is to blame.
When a divorce occurs through fault, such as abuse, neglect, or adultery, Texas law allows the Judge to take this into their consideration.
Yes, it is possible to negotiate property division without court involvement in Texas. The process is known as alternative dispute resolution, or ADR. This can include mediation, collaborative law, or arbitration. In mediation, the parties work with a mediator to come to an agreement. In collaborative law, the parties work with their attorneys to come to an agreement. In arbitration, the parties work with an arbitrator, who will make a decision based on the evidence presented. All of these processes are voluntary, and the parties can choose to accept or reject the agreement reached.
In Texas, the house is split in a divorce according to the principle of equitable distribution. This means that the court will consider several factors when dividing the house, such as the length of the marriage, the separate and community property of each spouse, the earning capacity of each spouse, and any other factor that is deemed relevant. The court will ultimately decide what a fair and equitable division of the house is. If there are any children involved, this may also play a huge role in the decision.
Following a divorce, the debt that has been accrued by the married couple is classed as community property unless it can be proven it was accrued by one party only. This may apply to gambling debts or credit cards used to purchase things for one person.
If you and your spouse have worked hard to build a business, then the division of the business will likely be an important topic that you have to handle.
In these cases, it is important to seek representation from an attorney that knows how legal entities and businesses work, and has handled cases involving their division before. They will likely need to bring in financial experts to help them.
Hiding assets is not just immoral, but as both parties are legally obligated to disclose all of their assets at the beginning of a divorce, this means if they are hiding assets, the courts will look very unfavorably on this. It is important to tell your attorney if you believe this is happening, as they will be able to investigate.
Contact The Love Ducote Law Firm, PLLC
Seeking legal obligation from a dedicated divorce attorney from The Love Ducote Law Firm, PLLC, will ensure that you receive everything you deserve in your divorce. The agreements made in the divorce process will likely have a long-lasting impact on your life, and this means seeking an attorney that will do everything possible to secure a favorable outcome is crucial
Our attorneys have worked with countless clients, helping them allocate and divide property in the correct way. From negotiation to mediation to litigation, we are skilled in all aspects of divorce law.