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Is separation of assets in Texas divorce equal?

On Behalf of | Oct 30, 2023 | Family Law |

In the Lone Star State, when a married couple decides to part ways, a law says that there should be a “just and right” division of their assets and responsibilities. The common misconception is that this results in the estate being separated equally, but what is fair and equitable is not always equal.

This concept determines how the court distributes property and debts between spouses during a divorce.

Community property

In Texas, community property encompasses assets the couple acquired during the marriage. This includes earned income, purchased property and accrued debts by either spouse. Regardless of who earned it, if the acquisition occurred while married, the court considers it community property.

Separate property

On the flip side, separate property belongs solely to one spouse. This category includes assets owned before marriage, inheritances received individually and gifts that were specifically designated for one spouse. It is important to keep clear records of these acquisitions to establish their separate status.

Equitable distribution

Although Texas is a community property state, this does not always mean a strict 50/50 split. Instead, the court strives for equitable distribution, aiming for a fair outcome based on various factors. These may include each spouse’s earning capacity, contributions to the marriage and their respective needs.

Factors influencing property division

Several factors weigh into the court’s decision on property division. A judge will consider the length of the marriage, each spouse’s age and health and their financial situations. The court may also take into account any misconduct or fault during the marriage.

Pre-marital agreements

Couples in Texas have the option to outline their own terms regarding property division through a pre-marital agreement. This legally binding document allows spouses to predetermine how to allocate assets in the event of a divorce. According to Texas law, both parties must have signed the document voluntarily, and each must have been aware of all property, assets and financial obligations of the other for the court to consider the agreement legally valid.

By adhering to these principles, Texas aims to facilitate a smoother transition for couples seeking to move forward in separate directions. Understanding the legal details of how to get a divorce in Texas can be made easier with an experienced attorney familiar with Texas law.