Property Division

Property Division in Texas

Texas is considered a “Community Property” state, meaning all community property belongs equally to both spouses. Community property is defined as all property and debt that was acquired during the marriage. Gifts, inheritance and personal injury recoveries are separate property. Property, including debt, is divided in a “just and right” manner having due regard for the parties and their children. As you can imagine, what one person thinks is just and right, another does not. Some judges interpret just and right to mean equal, while others look at several other factors, such as why the parties are getting divorced and length of marriage. Kelly will share her experience and advise you as to what your judge is likely to do. From there, you can begin to plan your strategy.

An important step in this process is to prepare an inventory of assets and debts. Once this is completed, a just and right division can begin. It will be important to let Kelly know what items are most important to you.