If you are thinking about getting a divorce in Texas, or if you are already involved in a Texas divorce case, you may be wondering about how the court will divide your property in the event that you and your soon-to-be-former spouse are unable to reach a property settlement agreement. Texas is a community property state, and the guiding principle that Texas judges follow when dividing up the property in a couple’s community estate is that the distribution must be “just and right”. As noble as that sounds, it is entirely possible that a “just and right” property distribution which is created by a judge, and not by the parties themselves, could leave one or both of the divorcing parties very dissatisfied with the outcome.
In a community property state like Texas, each of the debts or assets of a married couple can be placed into one of two categories, community property and separate property. Community property consists of all property that was acquired by either spouse during the marriage, as well as all debts that were incurred by either or both spouses during the marriage. Some assets or debts may be excluded from a couple’s community estate and regarded as separate property if they were received or incurred solely for the benefit of one spouse during the course of the marriage. Examples of situations in which property that appears to be a part of the community estate may instead be a part of one of the spouses’ separate estates are when one spouse inherits a sum of money from a family member, or when one spouse takes out a loan for equipment that they use for a business that they, alone, are involved in.
When a divorce case is decided by the court, the judge might order a ratio of distribution that is not a 50/50 split. Factors like disparate earning capacity or time spent at home caring for children can result in a property award that is 55/45 or even 60/40. Other factors that may weigh on the judge’s decision include the age and health of the parties, whether one party is at fault for the dissolution of the marriage, what kinds of assets comprise the community estate, the values of the separate estates, and child custody.
An East Texas divorce attorney can help you to get your divorce case moving in the direction of a property settlement by communicating with the other party’s attorney, if they have one. Even if the other party does not have an attorney, your attorney can speak with them directly about how you would like to divide the marital property. This is often more effective than speaking with them yourself, because it creates distance between the two of you and makes for less of an emotionally-charged conversation than it would be if it were just the two of you. If your case goes to mediation, your attorney can represent you in that process as well.
An experienced Longview divorce attorney can also help you to understand and evaluate a property settlement offer which has been proposed by your soon-to-be-former spouse. Do not agree to any distribution of property until you are absolutely sure that it is in your best interest to do so. If you have any questions or concerns about how property will be divided in your divorce, or if you would like to learn more about property settlements in Texas divorce cases, schedule a free consultation with East Texas divorce attorney Alex Tyra. Call us today, at (903) 753-7499, or fill out the convenient online contact form which is located on our website.