What Factors Determine How Property is Divided in a Divorce?

When two people get divorced, one of the main issues they must deal with is the division of property. However, property isn't always divided evenly. Instead, Texas law requires courts to divide property in a manner that is "just and right." And despite guidelines that are in place to help judges ensure that property divisions are "just and right," it is relatively common for a spouse to receive what he or she feels is an unfair portion of property following a divorce.

Community Property

Texas is what is known as a "community property" state. However, this doesn't mean that courts in Texas are obligated to divide marital property equally between spouses. Rather, the judge in a divorce case must weigh all the facts and divide property in a "just and right" manner. Of course, this a fairly subjective standard, so property division decisions often vary from judge to judge.

What Impacts the Division of Property?

In a divorce case, there are several factors that the court will consider when determining how to divide property in a just and right manner. The types of cases that result in a lopsided division of property often involve children and significant differences in the spouses' earning capacities. Other factors that judges examine when making division determinations include:

  • Fault for the breakdown of the marriage
  • The disparity of earning capacities
  • Health
  • Age differences
  • Size of the marital estate
  • Amount of separate property owned by each spouse
  • Future anticipated inheritances
  • Gifts to either spouse
  • Improper use or waste of community assets
  • Property owned in other jurisdictions
  • Tax considerations
  • Spousal or child support obligations
  • Child custody
  • Attorney fees
  • Cost of litigation
  • Unique nature of certain property

Getting Divorced in Texas? Contact a Skilled Property Division Lawyer Today!

Property division can be a contentious issue. Therefore, if you need a divorce in Texas, you should hire an experienced property division attorney to represent you. In addition to walking you through the Texas divorce process, our experienced Woodlands divorce attorneys will negotiate on your behalf during the property division process. We will provide you with superb legal representation to ensure that you come away with an agreement that is reasonable and just.

If you need a family law attorney in the Woodlands, contact Parchman Law Group P.L.L.C. by calling our office at (713) 364-0777 to schedule a consultation.

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