Who Keeps the Property in a Divorce?

April 2, 2019

If you are going through a divorce in Texas, you might be concerned about who gets the property. There really isn’t a definitive answer regarding the separation of property in a Texas divorce case. There are several questions that must be asked to help determine if it is joint property or if it is separate property.

Texas law considers it to be separate property if any of these apply:You received a settlement from a personal injury claim for injuries you suffered during the duration of your marriage – except for money to compensate you for the loss of earnings during your marriage.

    • You received a settlement from a personal injury claim for injuries you suffered during the duration of your marriage – except for money to compensate you for the loss of earnings during your marriage.
    • It was property received as a gift or inherited either before or after you were married.
    • You owned the property in question before your marriage

If any of these apply, the other spouse has no claim on these kinds of assets.

What is Considered Marital Property When There is a Texas Divorce?

If it doesn’t meet one of the previously mentioned criteria to qualify as separate property, then it must be marital property. However, separate assets can become commingled. For example, if a man inherits $50,000 and he deposits those funds in a joint bank account with his wife, and they both make deposits and withdrawals from the account, then it gets to the point that it is impossible to determine who spent more or contributed more to that $10,000 balance.

Texas is one of only nine states considered to be a community property state. Community property is split 50/50 between the two spouses. So, if you bought something during your marriage and your spouse’s name wasn’t on the title or deed, he or she is still entitled to half of it. In Texas, which is a community property state, the income of each spouse and their contributions toward the expenses are also considered when determining who gets the house or other property.

The assets must be carefully reviewed as does the income and the contributions made by each member of the couple. The court will need to be provided with documentation and evidence that supports the case, and that shows proof of income, contributions, and all assets that the couple own. This way, the property can be divided in accordance with the state community property laws. While it is a 50/50 state, if a wife earns a significantly higher income than the husband and she contributes more toward the mortgage payments, she is entitled to a larger percentage of the home than the husband.

Alimony in Texas

Texas laws call alimony spousal maintenance. It is a way to provide periodic payments from the future income that the spouse continues to receive after the divorce. The court might order spousal maintenance if one of the spouses was convicted of family violence within two years prior to the divorce petition was filed or if the marriage lasted at least ten years. The spouse asking for alimony must show that he or she lacks sufficient resources to cover their minimal living expenses.

If you are going through a divorce or know that a divorce is your next step, then you should consult with an experienced divorce attorney like those at Fears Nachawati. Your attorney will be your #1 source of expert advice during the proceedings and will ensure that you receive everything that you deserve for a fair and equitable divorce. Furthermore, your divorce attorney will ensure that costly mistakes are avoided, delays are minimized so you can move on with your life, and they will help reduce stress during one of the most difficult times of your life.

The experienced family law and divorce attorneys at Fears Nachawati are here to help guide you through this difficult and trying situation. For your free, no-obligation legal consultation, please call (866) 705-7584 or visit the offices of Fears Nachawati located throughout the great state of Texas, including in Houston, Dallas, Austin, Fort Worth, and San Antonio.

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