Austin Divorce Attorney

Division of Property in Texas

If there is not a lot of common property, are no children, and are not issues of spousal maintenance, then amicable spouses can generally be granted a divorce quickly by having attorneys draft a divorce agreement and then having a judge approve it. The majority of divorces are different and very complicated. Typically, a Texas divorce involves a marital union that is comprised of many years with considerable assets, children, businesses, debts, trust funds, and other complicating factors. Here, the parties involved can’t divide their property alone and need court involvement for the final division of property.

Community and Separate Property

Division of property occurs under community property rules. Texas, unlike other community property states, is not required to divide community property equally. The court is only required to divide the property in a "just and right" manner. Any separate property is retained by the spouse who owns it.

The first dispute involves determining which assets are community property. Generally, all income earned during a marriage and everything purchased with those earnings is considered community property. All debts incurred during the marriage are obligations that need to be met by the community property estate unless the creditor was seeking a specific source of payment in a piece of separate property.

Everything not classified as community property is classified as separate property. Separate property includes but is not limited to:

• Gifts and inheritances given to just one spouse;
• Personal injury awards except for any award for loss of earnings;
• Proceeds of a pension that was started before marriage;
• Properties purchased with the separate funds of a spouse; and/or
• A business owned by one spouse before the marriage

Conflicts may become known when separate and community properties are mixed. If it is not possible to distinguish whether or not something is separate property then the thing becomes community property. An example would be a house that is purchased before marriage with continuing mortgage payments made throughout the marriage.

Property that Complicates Divorce Proceedings

Certain kinds of property continue to create controversy, even with rules of division for community property. Divorcing couples need to be aware of these assets and the issues their division may present. Some of the most troublesome assets include:

• Family Home
• Pensions
• Family-Owned Businesses

In each case, complexities of ownership can complicate a divorce.

Conclusion

A lot of couples have a hard time reaching an amicable agreement concerning the division of property. Because the division of property is directly related to the complexity of any assets and liabilities, it is often necessary to consult an informed and experienced family law for help if you feel that the division of property is likely to be controversial during your divorce. The divorce lawyers at Slater Kennon of Austin can help.

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Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.