Updated on August 24, 2022
If you are going through a Texas divorce, you no doubt have questions about how your marital property will be divided. There is no precise answer to this question, but your marital assets will not necessarily be divided equally between the two of you.
Every divorce follows its own path and is determined by various unique circumstances. As such, many factors can play a role in how your marital property will be divided in your divorce. To learn more about how the division of marital property will proceed for your divorce case, contact an experienced divorce attorney today.
The Just and Right Division of Marital Property
In a Texas divorce, your property is divided in a way that is deemed just and right, which is not the same as equally or 50/50. While the court certainly can divide your marital property equally between the two of you, it is not required to do so. In fact, the court has wide discretion in the matter of dividing marital property.
The Role of Fault
If the court determines that your spouse’s fault was involved in the breakup of your marriage, it can lead to you receiving more than 50% of your community estate in your divorce. Such a fault can include the following wrongs:
Wasting of community resources (on a romantic partner or on a failed business venture, for example)
Other Pertinent Factors
In addition to fault, the judge in your case can consider the following factors in the division of your marital property:
The kind of property you and your spouse own
Who is named primary custodian of the children (This parent may be awarded a greater percentage of marital property in order to provide financial stability for the children.)
The judge will take all pertinent variables into consideration in determining how your marital property will be divided in a divorce.
Community Property vs. Separate Property
While your community property will be divided in a manner that is just and right in a divorce, your separate property is excluded from this division. Determining what is community property and what is separate property can be one of the most complicated elements of a divorce. For help identifying your assets, contact a Killeen divorce attorney.
Community property is generally that property that you and your spouse obtained over the course of your marriage. Even if only one of your names is on the title to a property, if you acquired the property while you were married, it does not alter the fact that it is community property in Texas.
On the other hand, any property that you brought into the marriage and kept separate is considered separate property that is yours alone. Further, any inheritances or gifts that bear your name alone remain your separate property.
If You Have Concerns Related to Property Division and Divorce, an Experienced Killeen Divorce Lawyer Can Help
The division of marital property is an important component of every divorce. Brett Pritchard at The Law Office of Brett H. Pritchard—proudly serving Killeen, Texas—is a formidable Killeen divorce lawyer who will aggressively advocate for your rights throughout the divorce process. To learn more, please do not hesitate to contact us online or call us at (254) 781-4222 today.