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Answering Six Frequently Asked Questions About Property Division In Texas


For divorcing couples in Texas, dividing property and assets can be challenging. It is not uncommon for property division to be the single most contentious issue in a marital separation. If you are preparing for a divorce, it is imperative that you know your rights and responsibilities under Texas law.  Here, our Galveston County property division lawyers answer six of the most frequently asked questions about divorce and property division in Texas.

  1. Is Texas a Community Property State? 

Yes. Texas is one of a minority of U.S. jurisdictions that operates under a community property standard. In Texas, all of a couple’s marital property is considered to be “jointly” owned. In effect, this means that there is a 50/50 ownership and a 50/50 split of the marital property in a divorce. 

  1. How is Community Property Defined in Texas? 

Under Texas law (Texas Family Code Sec. 3.002), community property is defined broadly as all “property, other than separate property, acquired by either spouse during marriage.” With limited exceptions, property obtained after the beginning of the marriage is classified as community property. Property that each spouse had before the marriage can remain as separate property. 

  1. Is Separate Property Divided in a Divorce in Texas? 

No. Separate property is not subject to property distribution in a divorce in Texas. Each spouse has the right to retain full ownership over their separate property. If you have any specific questions about separate property, an experienced Galveston County divorce attorney can help. 

  1. How is Debt Treated in a Divorce in Texas? 

As a general matter, the Texas property division laws treat liabilities (debts) the same way that they treat assets. A debt obtained prior to the start of the marriage is a “separate” debt. It is the responsibility of one spouse. A debt incurred after the start of the marriage may be classified as community property. 

  1. Does the Court Determine Who Gets What? 

Not necessarily. In fact, most divorcing couples in Texas are able to reach a property division settlement on their own. Courts give parties wide discretion to make their own agreement regarding property division. An experienced Galveston County, TX divorce lawyer can help you work towards a property distribution settlement that effectively protects your interests.  

  1. What Happens If We Cannot Reach a Property Division Settlement? 

If you and your spouse cannot reach a property division settlement, then family litigation will be required. Although a divorce trial may be necessary to protect your rights and interests if you are dealing with an unreasonable former partner, it can be complicated and time-consuming. You need a trial-tested Galveston County divorce attorney on your side.

Call Our Galveston County Property Division Attorney Today

At Lindamood & Robinson, P.C., our Texas divorce attorneys are committed to protecting the legal rights and financial interests of our clients. If you have any questions about property division, we are here to help. Give us a phone call or send us a direct message for a strictly confidential case review. Our family law firm represents clients throughout Galveston County, including in Galveston, Texas City, Clear Lake Shores, Jamaica Beach, and Bolivar Peninsula.



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