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Can out of state property be subject to property division?

When a couple in Texas decides to end their marriage, one of the most contentious issues that can come up as the process moves forward is property division. There are general rules that dictate property division and there are also special circumstances that will dictate how a complex property division will be handled. Those who are in the midst of a divorce or are considering one need to be cognizant of how special circumstances can affect the division and disposition of certain property.

The general rule with property division is that the estate will be divided in a way that is deemed just and right by the court. Other forms of property that fall into the category of special circumstances will be dispersed in a similar manner. If property had been acquired by either of the spouses while they were living out of state, but that property would have been community property had the acquiring spouse been living in Texas, this will fall into the special circumstances category. If the property was acquired by either one of the spouses in exchange for real or personal property while living out of state and this would have been seen as community property if they were living in the state, this too will fall into this category.

The following will be awarded to the spouse as a real or personal property when there is a divorce or an annulment: property that was acquired while living in another state that would have been community property had they been living in Texas; and property that was acquired in exchange for real or personal property that would have been community property had they been living in Texas. In addition, the following property will be considered separate if it is partitioned or exchanged by spouses' written agreement: income and earnings that came from salaries, wages or other compensation that was acquired on or after the first of the year when the divorce suit was filed; income and earnings that came from salaries, wages or other compensation that was acquired in another year when the spouses were still married for at least a part of it.

There are times when married people who are based in Texas also have interests or property in other states. This can lead to these properties being considered as special circumstances property when they decide to divorce. To have a full understanding of the difference between non-marital property and property obtained during the marriage regardless of where it was acquired, having legal help from an experienced attorney is an imperative and the first call that should be made.

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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.

She will take the time to understand your individual needs and develop a comprehensive solution to protect your rights and interests.

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