Community Property Division From Trustworthy San Antonio Divorce Lawyers
When choosing an attorney to handle your property division issues, it is critical to have an effective advocate in your corner who knows how to present facts clearly and concisely in a persuasive manner. At Sralla Family Law PLLC, we maximize our clients’ entitlement to marital property through our thorough understanding of the law and our seasoned knowledge of what it takes to bend the judge’s ear in our client’s favor.
How Texas Handles Property Division In A Divorce
Texas is a community property state. This means that all property acquired by either spouse during the marriage is owned equally by both spouses. In a divorce, the judge will divide the property between the parties in a manner that is just and right. The court makes this decision based on equitable considerations on a case-by-case basis. In most cases, courts divide the community property on a 50-50 basis.
Under certain extreme circumstances, a spouse can petition the court for a disproportionate distribution of community property, resulting in that spouse coming away with greater than 50% of the pool of community assets. The percentage breakdown can go as high as 60/40 or in the most extreme cases, 65/35. Disproportionate distribution is appropriate under circumstances that include, but are not limited to:
- One spouse is exclusively at fault for the breakup of the marriage
- One spouse has engaged in acts of cruelty toward the other spouse
- One spouse is disabled and unable to adequately support himself/herself
- One spouse has significantly less education and employability than the other spouse
- One spouse has considerably less earning power than the other spouse
Only community property is subject to division in a Texas divorce. Thus, each spouse keeps 100% of their separate property. Separate property generally includes:
- Property owned by one spouse before the marriage
- Gifts and inheritances given just to one spouse
- Personal injury awards received by that spouse
- Proceeds of a pension that vested (enabling the pension holder to access the funds) before the date of marriage
Property purchased with a spouse’s separate funds will remain that spouse’s separate property. A business owned by a spouse prior to marriage remains that spouse’s separate property, although a portion of the value of the business may be community property if the business grew, or increased in value, during the course of the marriage, or if both spouses worked at the business. Finally, the commingling of separate and community property will usually result in the conversion of the separate property to community property.
What Will Happen To The House?
One of the stickiest situations that can arise how to handle the marital home, particularly where children are involved. Generally, when children are involved, the party appointed as the primary conservator of the children usually will receive the house. If there is equity in the house, the spouse who does not receive the house is generally entitled to one-half of the equity. If there are no children, and neither spouse has a superior legal right to the property, the court will decide who gets the house at trial. Typically, the court will examine the needs of the parties, financial strength of the parties, fault in the breakup of the marriage and any other relevant factor when determining how to award the marital home.
Request Your Free Consultation About Property Division
When you need strategic representation from a divorce lawyer, choose Sralla Family Law PLLC. Call Kevin “Buck” Sralla, an experienced family law attorney, at 210-600-9565 for a free consultation. You can also reach us online by using our online contact form.