Property Division in Texas

At O’Neil Wysocki, our team of experienced attorneys are committed to helping clients throughout Texas resolve their divorce disputes. Divorce can be a complicated matter, which is why we are here to guide you through every aspect of your case. In this blog, we recap Chapter 9 of attorney Michelle May O’Neil’s book, What You Need to Know About Divorce in Texas, and explain some important things about dividing property.

Community Property

Texas is a “community property” state, which means that the property accumulated by the spouses during their marriage can be divided by the court. However, the court cannot divide the couple’s separate property. To be considered separate, the property must meet the following criteria:

  • One spouse owned the property before the marriage
  • The property was individually received during the marriage as a gift or inheritance

Under Texas law, all property that is owned by the spouses at the time of their divorce is considered community property. In order to claim a specific piece of property, a spouse must provide clear and convincing evidence to the court that proves why it should be counted as separate property. The easiest way to prove that an asset should be considered separate property is to produce a title or receipt that shows the item was purchased before the marriage.

Post- Marital Agreements

Not all cases have to go before a judge. Some couples make a prenuptial agreement that specifies which assets each spouse is entitled to. After a couple files for divorce, they can also choose to make an agreement to divide their assets as they see fit. A couple can make a post-marital agreement any time during their marriage. This agreement can also be used to change the status of property that has been acquired during the marriage.

Dallas Divorce Attorneys

Do you have more questions about dividing your assets? Do you need help uncovering assets that your spouse has hidden from you? If so, you should consult with our skilled divorce lawyers to get assistance with your case. We can review your case and come up with a legal strategy that will protect your rights and interests. Let us get to work for you today.

Call (972) 852-8000 to request your initial consultation with a Dallas family law lawyer.

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