Best Texas (TX) Divorce Attorney

Texas Property Division Lawyer

Divorce, Marital, Community, Separate Property Division & More

Pending the absence of any premarital or post-marital agreements, property division in a divorce is usually treated according to Texas community property laws.

Requirements:

Either spouse must have resided in the state of Texas for at least 6 months, and the proper paperwork must be filed Clerk of the District Court in that spouse’s county, where they’ve maintained residency for at least 90 days. Over the course of the divorce, once the court has received a full list of both spouses’ assets, it will determine how best to split said assets.

Property Types:

The “characterization” or “type” of property up for division is the key determining factor in how it will be distributed between spouses. Property is deemed to either be “separate” or “community” and typically adheres to the following guidelines:

• Separate Property

Any property which is set forth in a prenuptial agreement, property acquired before the marriage, property received as a gift or inheritance by one spouse during the marriage, or property received after the divorce petition was filed.. Recoveries of personal injury damages except for loss of earnings or damages related to lost income or earning capacity during the marriage are also considered separate property. Texas courts usually view all property as community property unless the spouse claiming it as separate can provide “clear and convincing evidence” to the contrary

• Community Proper

Community property is anything acquired by either spouse during the course of the marriage. Being one of the last few states to follow the “community property” tradition, Texas courts typically seek to split all community property in a 50/50 division between spouses.

Lorenzana Legal is an Injury Attorneys and Administrative Attorneys law firm. Our main offerings include: Divorce, Bankruptcy, Estate Planning, Criminal Defense and Business Litigation.

Common Tags: Property Division Lawyer, Dividing Assets, Divorce, Marital, Community, Separate

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