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Community Property vs. Separate Property
In Texas, property is classified as either community property or separate property during divorce proceedings. Understanding these distinctions is critical to ensuring a fair division of assets.
Community Property
Most property acquired during the marriage, including real estate, businesses, vehicles, and retirement accounts, is considered community property. If an agreement isn’t reached, Texas courts typically divide these assets 50/50.
Separate Property
Property owned by one spouse before marriage, received as a gift, or inherited is considered separate property. Clear and convincing evidence is required to prove separate ownership. Examples include:
- Individual investments and their capital gains
- Personal injury compensation (excluding lost wages or medical expenses)
A knowledgeable family law attorney can help you determine what qualifies as separate property in your case.
How Are Assets Divided?
The division of property depends on whether your divorce is uncontested or contested:
Uncontested Divorce
Both spouses agree on how to divide assets and document this in a marital dissolution agreement. Judges usually approve these agreements, but consulting an attorney ensures your agreement is comprehensive and legally sound.
Contested Divorce
When spouses cannot reach an agreement, the court decides how to divide assets. While the standard split is 50/50, judges may adjust this based on “just and right” factors.
Factors Considered in Asset Division
Judges may order an unequal division of assets (e.g., 70/30 or 80/20) under specific circumstances. Factors influencing these decisions include:
• Fault in the failure of the marriage
• One spouse serving as the primary caregiver for children
• The health, age, and education of each spouse
• Each spouse’s earning capacity
Courts prioritize the child’s best interests when determining custody and parenting time. They may consider factors such as:
- Each parent’s ability to meet the child’s needs.
- The emotional and physical health of the child.
- The history of cooperation between parents.
- The child’s preference, if they are 12 or older.
Factors Considered in Asset Division
Judges may order an unequal division of assets (e.g., 70/30 or 80/20) under specific circumstances. Factors influencing these decisions include:
• Fault in the failure of the marriage
• One spouse serving as the primary caregiver for children
• The health, age, and education of each spouse
• Each spouse’s earning capacity
The court considers these and other factors to determine an equitable division of property.
Property Division Attorney in New Braunfels, TX
Whether you’re initiating a divorce or responding to a petition, you need an experienced advocate on your side. At Marco Law Firm, we’ll help you navigate the asset division process, providing clear guidance and dedicated representation. We proudly serve New Braunfels, TX, as well as Dallas, Hays County, Comal County, and neighboring areas.
Ready to take the next step?
Contact us today to schedule a consultation and take the first step toward resolving your case.