Divorcing As Non-Native Texans: Divorce Laws in Texas for Property in or Accumulated in Another State

Do divorce laws in Texas prevail over out of state divorce laws? There are many jurisdictional issues to consider when divorcing in Texas if you and your spouse lived elsewhere before moving to Texas. The attorneys at Chris A. Spofford, P.C. can assist you in navigating these issues to reach a suitable outcome.

By | April 10, 2013|Community & Separate Property|

Property Division not restricted to 50-50 in Texas Family Law

Contrary to what many people believe, Texas Family Law does not mandate a 50/50 division of property in a divorce. Under Texas Family Law, the Court is charged with a duty to divide marital property in a manner that is “just and right.” Appellate Courts have found in some cases that an 80/20 property division was “just and right.”  However, depending on the size of the estate, we generally see disproportionate property divisions falling somewhere in the range between 51 percent and 60 percent. Whether a divorcing spouse is entitled to a disproportionately larger share of the community estate under Texas Family Law depends on the facts of a particular case.  Each case is unique and one of the primary factors the Court considers in making a disproportionate property division is disparity in earning capacity. If one party has an earning capacity of $150,000 per year and the other can only earn $30,000 [...]

By | December 7, 2011|Community & Separate Property|

Characterizing property in a divorce settlement–community versus separate property

Division of property in a divorce settlement under Texas Family Law can be a complex process. The first issue that must be clarified is the characterization of property that is owned by you and your spouse—what is “community property” and what is “separate property”? These are legal terms of art, which means they have specific meaning under Texas Family Law. Almost everybody has an opinion about what is community property and what is separate property. However, under Texas Family Law, these definitions are very specific, and will frequently differ the preconceived ideas you have as to their meaning.  The law on characterization of property is extensive and this is not intended to cover all aspects of this complex area of the law. […]

By | June 6, 2011|Community & Separate Property|