Texas divorce & division of property – how does the State of Texas divide property after a petition for divorce?
No one plans to get a divorce when they get married. Despite our best intentions, divorce does happen. When it does, even under the best of circumstances, your life is turned upside down.
Texas is a “community Property” state as respects marital property division after a petition for divorce.
The law defines community property. “Community property consists of the property, other than separate property, acquired by either spouse during marriage.” This can be found under Texas Family Code 3.002. What this means is that property you had before marriage is yours; but there are exceptions. A divorce attorney can help explain the exceptions and how they relate to your case.
In Texas, the court has wide latitude in dividing community property. All that is required is that it’s actions are “just and right”. Unfortunately, there is no standard or definition for “Just and right”. When there are no specific definitions then rulings can be very different depending on the presiding judge and even by the county where the divorce petition is filed. Once, a decision is made by the judge, it is binding and can only be changed by appeal of the order. Both of you can appeal the divorce court’s order but it is expensive and can be tough on both of you.
Keep in mind that in a divorce, neither side is a winner. It is a difficult time.
It is possible for couples to prevent the courts from dividing marital assets by performing Asset Protection Planning.
It is highly recommended that both parties seek and engage their own divorce attorneys and that they cooperatively work to settle issues with the end goal of minimizing attorney expenses and the emotional cost of these proceedings.
I am a Real Estate Broker and Certified Mediator but i am not an attorney and I cannot provide advice, opinion or direction.
My job is to work with you to get the most amount of money when selling your home; finding a suitable home for you to buy or a rental if that works better for you. My job is to keep you informed about your options; negotiate in your best interest, and explain the contracts and what you should expect. My goal is to make the transition as smooth as possible given the many issues already facing you during this very difficult time.
Contact me at your convenience. Let’s talk with no obligation. My only goal is to earn your trust and help you navigate through the process knowing that your interests are first and foremost.