Division of Property in a Texas Divorce
Trust Your Complex Case to Our Denton Divorce Attorneys
Often, one of the most contentious and difficult issues to resolve in a divorce is the division of property. In many cases, two divorcing spouses will not agree on how shared property should be divided. Even when spouses do agree, it may still be left to a judge to determine how community property will be divided. At Navarrette | Bowen, P.C., we are committed to advocating for you and your best interests. Our Denton divorce attorneys can help you pursue an agreeable solution based on your unique situation. We proudly serve clients throughout Denton and the surrounding areas, offering compassionate, objective legal counsel and reliable representation both in and out of the courtroom.
How Does Division of Property Work in Texas?
The state of Texas follows the rule of “community property” when it comes to property division during a divorce. Under this rule, community property refers to any property obtained by either spouse during the marriage, with the exception of “separate property.” Separate property includes any property that was owned by one spouse prior to the marriage, or property that was inherited, gifted, or recovered by only one spouse.
During a divorce, the judge will typically look at the following factors when determining a “just and right” distribution of community property:
- Income of each spouse
- Fault in the dissolution of the marriage
- Earning capacity of each spouse
- Expected future earning ability
- Primary custody of any children
- Education level of each spouse
- And much more
Community property can include interest gained on pensions, retirement and 401k accounts, profit sharing, employee benefit plans, and shared businesses or professional ventures. The more community property a married couple has, and especially when shared businesses are involved, the more complex a divorce can become. Having an experienced Denton divorce attorney on your side can make all the difference in the outcome of your case.
Experience You Can Trust
At Navarrette | Bowen, P.C., we offer open, honest communication and one-on-one attention. Our attorneys will work to understand the unique circumstances involved in the division of property in your divorce. Whether during mediation or in court, we work hard to ensure that your interests are protected and that your community property is divided in a way that is fair and just for you. Our experienced attorneys have helped numerous clients navigate the divorce process—find out how we can assist you today.