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How does the property division process work in Texas?

On Behalf of | Aug 26, 2022 | Property Division |

Ending a marriage is a process. When spouses make the decision to divorce, there will be many choices to make and steps to take before a final judgment is entered. One major aspect of the divorce process involves dividing property. Property division can also be a common area of contention for some spouses in Texas. Here’s some helpful information about the property division process.

Marital versus separate property

Property in a marriage is classified as either marital property or separate property. Regardless of the state, the main rule of property division is that only marital assets are involved. Each spouse will keep his or her own separate property, which are things a spouse owned before the marriage. Assets that either spouse acquired during the marriage are marital property, with some exceptions.

Community property state

Texas is a community property state. This means that both spouses equally own the marital, or community, property. Although details will vary from state to state, it is generally presumed that marital property in a community property state is divided equally between spouses. In Texas, courts will look at how and when property was obtained to determine how to divide the property in a divorce.

The property division process can be challenging with disputes between spouses occurring often. Individuals in Texas who are heading into a divorce and want to ensure that they are protected may want to consider speaking with a trusted legal representative. An experienced attorney can help clients keep what is legally theirs while safeguarding their personal rights.