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What to expect during Texas property division

Besides child support and visitation, the most contentious area of a divorce in Texas is often property division. The financial implications of dividing up the property are very important in securing each party's future. Divorce legal issues are often complicated, so it is important for people to know what to expect during the property division portion of a divorce settlement.

Texas is a community property state, but most marital estates are not divided "in half" like many people assume. The judge or mediator will divide the property based on what is "fair and right". What a person believes is fair and right is often different than what a judge will decide, however. There are some types of property that will not get divided, though, and that includes separate property obtained before marriage, inherited property, and property that was received as a gift.

There are countless factors that determine how property is distributed in a community property state. The physical condition of spouses, the age difference of spouses, the size of the community estate, and if one of the spouses is anticipating a large inheritance can all be factors in the property division stage. Child custody, spousal support and attorney fees may also be factors. Finally, the presence of a valid prenuptial or post-nuptial agreement will also determine how property is divided, if such a document addresses the topic.

Property division is one of the most complicated issues in a Texas divorce. Although Texas is a community property state, it is a mistake to assume marital property will be divided equally in half. A legal professional skilled in Texas divorce can help a person navigate a complex divorce and obtain a fair settlement.

Source: Findlaw.com, "Who owns what in marital property?" accessed on Feb. 17, 2015

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

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