Division of Property in Texas Divorce

property division after divorce

Property division under Texas Family Law can be a complex and delicate process

Property division after divorce under Texas Family Law can be a complex and delicate process. The first issue: characterization of property. Is the property community property or separate property? These are legal terms of art, which means they have specific meaning under Texas Family Law.

Almost everyone has an opinion of what community property and separate property should mean, but only an experienced divorce lawyer can guide you through the ins and outs of Texas community property law. Whether your property is community property or separate property is something that is determined according to Texas Family Law statutes, Texas case law and the Texas constitution.

How will property division laws in Texas affect you?

As a Houston divorce lawyer dedicated exclusively to Family Law, Chris A. Spofford can navigate you through this maze and defend your rights as forcefully as necessary.

Contact Chris Spofford to learn about your family law options and how he can help you with your choices.

You may have separate property, but can you prove it in a court of law?

Chris Spofford has been trying divorce property division cases since he was admitted to the Texas State Bar in 1986. He has been Board Certified in Texas Family Law since 1993. He makes it his business to stay current with the most recent appellate court decisions in the area of divorce property division. There may be issues of tracing that will be vital to proving that your property is your separate property. If you are concerned about division of property in a Texas divorce, you need a Houston divorce lawyer that understands what is needed in your case so that you get the best result possible.

Once a determination of separate property is made there must be a decision on how to divide the community property. In Texas there is no presumption that a 50/50 split is reasonable. The test for the court is to divide the community property in a manner that is “just and right.” Again, just and right is a legal term of art. There are many issues that a court may consider in dividing your property. Courts have made community property divisions that are anywhere from 50/50 up to 90/10.

Please do not gamble your rightful share of your community property. Select a Houston divorce lawyer with the knowledge and experience to help you get the division of property that is that’s in your best interest.

Contact Chris Spofford to learn about your family law options and how he can help you with your choices.

For more information about community property and separate property in Texas Family Law, please read our Blog, “Characterizing property in a divorce settlement–community versus separate property.”