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Are Assets Split 50-50 in a Texas Divorce?

Are Assets Split 50-50 in a Texas Divorce?

Are assets split 50-50 in a Texas divorce? It’s one of the first questions people ask when they consider a divorce. The stress and anxiety of losing your most valuable possessions can worsen an already difficult time. However, understanding the law can save you a lot of grief and may even help you protect your assets and recover reimbursement.

Community Property

In Texas, most assets obtained during the marriage are considered “community property.” That generally means both partners have a claim overall purchases and investments. This is a two-way street, meaning both spouses may claim the other’s assets during a divorce.

Separate Property

The law presumes all assets acquired during the marriage are community property. However, one partner can claim an asset falls under one of the following exceptions.

  • Gifts offered to one partner, but not the other
  • Property owned before marriage
  • Most personal injury settlements
  • Inherited property

Keep in mind that these exceptions do not automatically apply. Successfully claiming separate property requires demonstrating these exceptions by a preponderance of the evidence (meaning slightly more likely than not). Meeting that burden of proof is best left to your divorce attorney.

Property Split

Texas law says the court will divide marital assets in a manner that is “just and right.” That language is extremely vague. While asset ownership is 50-50, the division of those assets could be unequal. It ultimately falls to a judge’s discretion and the physical and financial status of each partner.

A few factors judges may consider when determining asset division include:

  • Child custody

  • Divorce fault

  • Education

  • Employment status

  • The difference in earning potential

  • Physical health

Convincing the court to divide assets fairly requires skilled negotiation. That’s why it’s crucial anyone facing divorce hire an experienced attorney who will fight to earn them a division of assets that is truly just and right.

Divorce isn’t easy. If you’d like an experienced San Antonio divorce attorney from The Law Office of Rebecca J. Carrillo to evaluate your case, please send us an email or call (210) 405-6623.



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