How is Property Divided in Texas?

When married couples divorce, the court either approves their agreed upon property division settlement, or makes property division decisions on the couple’s behalf. Texas is an equitable distribution state, which means that courts divide marital property fairly, but not necessarily equally. When dividing property between spouses, the courts often consider the marriage duration and the spouses’ ages along with their mental and physical health.  The spouses’ earning potentials and childcare responsibilities are also factors the courts weigh. Reckless asset management, abuse and infidelity can also influence the court to decide against the spouse involved.

Separate vs. community property

The Texas Family Code  refers to divisible property as community property. Community property is property that couples own in common. According to the statute, community property is any property that is not separate property. Texas courts presume that property is community property unless a spouse proves otherwise by presenting clear and convincing evidence.

Generally, to prove that property is separate, a Houston divorce attorney  would trace asset acquisition and show that the spouse maintained the property separately during the marriage. Inheritances, gifts and assets acquired prior to marriage are examples of separate property. However, when a spouse sells a piece of separate property and deposits the proceeds into a joint bank account, the money becomes co-mingled and it may be difficult to prove that the proceeds were separate.

Seek legal help with property division

Robert Reid McInvale , Attorney at Law is a Houston family law firm that helps couples with divorce, custody, child support, property division and other family law issues. When relying on our firm for legal help, you benefit from our 30 years of focus on family law and probate. To discuss your legal concerns, contact Robert Reid McInvale toll-free at 866-959-7824.