What factors will the court consider in dividing your property?

On Behalf of | Apr 12, 2022 | Divorce, Property Division

Texas is a community property state, but the division of marital property in your divorce will not necessarily be a 50-50 split.

What factors will the court consider when determining how to divide your property?

About community property

Texas is one of nine states with a community property system in place. This means that all the assets and debts you and your spouse acquired during your marriage represent the marital property. Only marital property is subject to division in your divorce; however, the division will not necessarily amount to a half-and-half split.

Assets and debt as community property

Items usually labeled as community property in Texas include:

  • Real property, furniture, cars and other belongings
  • Investment income you and your spouse earned during your marriage
  • Wages and income earned by you or your spouse
  • Debt you acquired, such as your mortgage and car loan

If you and your spouse have a prenuptial agreement, it might contain a property division agreement. If so, that would likely take precedence and prevent the court from determining the division of your assets.

The view of the court

In the state of Texas, judges have flexibility in determining the division of property between divorcing spouses. However, factors courts commonly consider include how much separate property each party owns, the ability of each party to earn a sufficient income, the needs of the children of the marriage and the financial outlook for each party. Keep in mind that you do not have to leave property division up to a judge. With legal guidance, you and your spouse could work out a property settlement agreement that is satisfactory to you both and that you can present for the approval of the court.

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