Property Division Lawyer in Austin

Common examples of separate property include:

• Gifts
• Family heirlooms or inheritance
• Belongings from before marriage
• Personal injury awards (other than lost wages)

FAQs About Property Division in TX

Can separate property become community property?

Yes, if separate property is "commingled" with community property, it may lose its separate status. For example, if separate funds are used to purchase a home in both spouses’ names, the property may be treated as community property.

What happens to debts in a Texas divorce?

Just like property, debts incurred during the marriage are generally considered community debts and are divided between the spouses. Debts related to separate property usually stay with the spouse who owns the property.

Can a prenuptial or postnuptial agreement affect property division?

Yes, a prenuptial or postnuptial agreement can override the community property laws. These agreements allow spouses to specify how property and assets will be divided in the event of a divorce.

Can I keep my retirement account in a Texas divorce?

If a retirement account was accrued during the marriage, it is considered community property and subject to division. However, the court may allow the spouse not receiving a portion of the retirement account to receive other assets of equal value.

How does fault (like adultery or abuse) affect property division?

Texas is a no-fault divorce state, meaning that a divorce can be granted without proving fault. However, marital misconduct such as adultery or abuse can influence property division. For example, a spouse who is found guilty of misconduct may receive a smaller share of the community property.

Does the length of the marriage affect property division?

Yes, the length of the marriage can influence how property is divided. In general, the longer the marriage, the more likely the court is to award a 50/50 split of the community property. However, the court may still adjust the division based on other factors.

What is considered a fair division of property?

As we mentioned earlier, fair division doesn’t necessarily mean equal; it means a division that the court deems just and right. Factors like earning capacity, age, health, and contributions to the marriage will determine whether an equal or unequal division is warranted.

Can a court award more property to one spouse?

Yes, under the principle of “just and right” division, the court may award more property to one spouse if it believes the division should be unequal based on factors like health, earning capacity, contributions, or fault.

How does the court handle the family home in a divorce?

The family home is considered community property if it was purchased during the marriage. The court may order the sale of the house, or it may award the house to one spouse, often the one who will have primary custody of the children. The non-custodial spouse may receive a different share of property to balance the division.

What happens to businesses in a divorce?

If a business was started or grew during the marriage, it is typically considered community property. The court may order the business to be sold, or one spouse may be awarded ownership of the business, with compensation to the other spouse, potentially in the form of other assets or cash.

 How long does it take to divide property in a Texas divorce?

The length of time to divide property depends on the complexity of the assets and whether the spouses can reach an agreement. If the property division is contested, it may take several months or even longer for the court to finalize the division.

Can I dispute a property division in Texas?

Yes, you can appeal a property division if you believe the court's ruling was unfair or incorrect. However, it’s important to note that appeals are complex and may take a significant amount of time. It’s typically advisable to attempt to settle disputes through negotiation or mediation first.

Importance of Experienced Legal Representation in Property Division

Because the majority of people don’t anticipate divorce, it can be challenging to sort which property is owned by the community and which is separate. Our team of Austin property division attorneys has been helping countless individuals and families reach reasonable and equitable division of both large and small estates. Additionally, we have handled many cases involving unusual property, including small, private businesses in which determining value can be a challenge.