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Texas and community property

A divorce can be an emotionally traumatic time. It can be hard to look past the hurt and anguish that a divorce can cause but one of the most important parts of a divorce is property division. Texas is a community property state, but what does that mean in terms of property division in a divorce?

In a community property state most property acquired by either spouse during the marriage is considered community property, which is split equitably between the spouses in a divorce. Equitable division doesn't mean the assets are divided 50/50, but are divided in a manner the court deems just and fair.

Community property can include wages and salaries earned by spouses during the marriage, homes, art work, cars and other items purchased during the marriage with marital earnings, and interest income earned by business investments.

Separate property may include property that was acquired by one spouse before the marriage. It can also include gifts and inheritances that were received during the marriage if kept separate from community property, and it includes any property acquired after the marriage ends. Examples may include bank accounts which are held separately, personal injury proceeds, and gifts from spouses.

An experienced family law attorney can help a person facing a divorce with any questions they may have. A divorce can be an extremely emotional time but an attorney has the ability to keep in mind what will be important after the settlement and how a person can emerge from a divorce with both feet on the ground.

Source: findlaw.com, "Community property overview", accessed on Dec. 1, 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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