Property Division

In Texas, there are essentially two types of property to be considered in a divorce, separate and community property. What we normally consider as financial accounts, retirement accounts, real property, motor vehicles, business interests, partnership interests, personal belonging and others, the family code divides into separate and community property. The kinds of property that are classified as separate property are actually quite limited and include, among a few other highly detailed situations, property held prior to marriage and property received as a gift or inheritance. For many divorcing couples, the broad definition of community property can be a shock. It is essential to have a thorough conversation with a knowledgeable family law attorney regarding the extent of your property, when you came into ownership of that property, how that property has been managed during the marriage and constructive methods to divide the property upon divorce. The Family Code instructs the court to divide community property in a manner deemed ‘just and equitable’. Working with a creative and skilled attorney to influence a court in what exactly ‘just and equitable’ means in any specific marriage can greatly benefit the ultimate division of property awarded to a divorcing party.