Protecting Your Family's Future

Divorce and Property

The Division of Property in a Divorce

It’s a common misperception that you only need to worry about the division of property in a divorce if you had a substantial net worth. Whether you lived in an apartment or a mansion, drove an old pickup or a Mercedes, lived from paycheck to paycheck or on a trust fund, you can still amass a substantial amount of marital property, and a lot of debt. When the marriage is over, you want to get your fair share of the assets and you don’t want to be responsible for more than your fair share of the debt.

In an ideal situation, you and your ex will amicably divide debts and assets, making adjustments if one of you keeps a large asset, such as the family home. Unfortunately, when you’ve struggled to agree in a marriage, it’s equally difficult to agree on the disposition of assets and liabilities when it ends. In Texas, if you can’t come to a resolution on your own, your property and obligations will be allocated under the state’s community property laws.

Under the community property laws of Texas, assets owned or used by couples in a marriage are identified as either community property or separate property. Any property owned by one of the parties before the marriage will be deemed separate property and will be returned to the owner as a part of the divorce proceeding. Assets that are purchased during the marriage are considered community property and their value must be divided equally between the parties. All property retains the character it had when acquired. Accordingly, a house purchased with a mortgage before marriage will remain separate property, even though it is partially paid for during the marriage.

There are limited exceptions to the community property rule in Texas:

  • Any property obtained by gift or inheritance is separate property
  • Any property purchased during marriage with funds earned before marriage is separate property
  • Any property that the parties legally agree is partitioned or exchanged by written agreement is separate property

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-420-8020 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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