Specialty tag(s): Property Division
Ryan R. Bauerle | March 29, 2023
Divorce is a stressful time, and the uncertainty of how assets will be divided can be overwhelming. According to Texas divorce laws, who can take what items doesn’t have a clear-cut answer: Rather, it depends on what is just and right in the eyes of the court. Each divorce is different, and so there’s no “one-size-fits-all” response your lawyer can give you. Dividing assets can be an emotionally challenging process, but when you work with a talented and compassionate attorney, they can help to ensure that you’re satisfied with the results of how your property is divided in your Texas divorce.
How assets are divided is complicated by the fact that Texas is a community property state. This means that anything acquired during the marriage “belongs” to both spouses equally. It generally doesn’t matter whose name is on the title or who owns the account; if the couple purchased it during their marriage, it’s considered to be owned by the community estate.
In a Texas divorce, “who gets what” can be determined either by the agreement of the divorcing couple, or by the court. If the parties cannot reach an agreement on their own, under Texas divorce laws, the division will be decided by a judge, who may take into account factors including each spouse’s financial situation, who will have custody of any children involved, whose fault the breakup was, whether one spouse misused the couple’s assets before the divorce, and other factors.
There are a few exceptions to the community property rule, and this is one of them. Property you owned before the marriage is considered separate property, and it cannot be taken from you. As long as you did not commingle it with community property during the marriage, it’s still yours, as long as you can prove that you owned it before the marriage.
Inherited property is considered separate property and does not need to be included in the division of property. However, if the inherited property was spent or mutated in some way (i.e. inheritance money spent on a vehicle), you will need to sufficiently trace the funds to ensure the Court confirms your separate property.
Aside from dividing up your assets, you’ll also need to determine spousal support and child support in a Texas divorce. Who gets what in this case will depend on a range of circumstances. In the case of spousal support, the judge may consider things like the financial status of both spouses and whether family violence occurred before the divorce, coupled with the length of the marriage. Child support, if applicable, will be awarded to the custodial parent based on the child’s best interests.
In any Texas divorce, what you are entitled to may vary, however, with the help of an experienced divorce attorney, you can ensure that your assets are divided fairly and that your financial future is secure. At Goranson Bain Ausley, our attorneys have the knowledge and expertise to guide you through the divorce process and help you achieve a favorable outcome. Contact us today to schedule a consultation and learn more about your entitlements in a Texas divorce.
Ryan R. Bauerle is a skilled litigator and strong negotiator; he regularly obtains favorable settlements without ever stepping foot in the courthouse. Ryan works with clients to evaluate the pros and cons of their options, including costs, to make sound and efficient decisions about moving forward. Ryan is Board-certified by the Texas Board of Legal Specialization in Family Law. He is a Fellow of the prestigious American Academy of Matrimonial Lawyers and has also been recognized as a Super Lawyers Rising Star and named a Best Lawyers: Ones to Watch, in multiple years.
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