When settling a divorce, it is inevitable that spouses will have to discuss the division of property and assets. While some spouses may come to an agreement regarding the distribution of property, other spouses may not agree on how to handle property division, which can lead to a court case to help sort out the matter. If you are in the midst of a divorce and require legal services, consult with an experienced Arlington property division lawyer today.
The Queenan Law Firm, P.C., is here to help guide you through complex and tedious divorce proceedings that can substantially impact your life. We understand how a divorce can affect a family, and we are here for you in your time of need. To schedule a free legal consultation with an Arlington TX property + asset division attorney to discuss your claim, contact the Queenan Law Firm, P.C. at (817) 476-1797.
Texas Property Division Laws for Arlington Residents
When handling a divorce in Arlington, it is important that spouses understand that Texas is a community property state. In a community property state, the majority or possibly all the property acquired by spouses during the marriage is considered the property owned by both spouses.
Community property can include various types of property:
- Real estate
- Ownership of a business
- Retirement accounts
If it was purchased in the course of the marriage, it will likely be deemed community property. In this state, it does not matter whether only one spouse used their earnings to purchase an item; it will still be considered community property. Additionally, debt accumulated during the marriage must also be distributed between the parties.
While Texas is a community property state, a spouse can prove that certain property should be treated as separate property. Separate property is property that a spouse will retain after the divorce is complete. For example, if a spouse can show they owned or purchased property before they were married, the property in question will not be considered community property. Other types of separate property include:
- Property a spouse received as a gift
- An inheritance received by a spouse during the marriage
- Payments for personal injuries due to an accident that occurred during the marriage (does not include lost wages or medical expenses)
- Increased value in stocks and money earned through investments that started as separate property
- Debt a spouse accumulated prior to the marriage
It is important to note that the courts will presume that all marital property is community property. This means that in order to claim an item or estate as separate property, a court
To prove that a piece of property should be regarded as separate property, a spouse must prove ownership of the property through “clear and convincing evidence.” Clear and convincing evidence is a legal standard that requires a party to convince a trier of fact to have a firm belief in the evidence presented.
To learn more about the many factors that can affect the distribution of property during a divorce, you should continue reading and speak with an experienced Arlington TX divorce attorney.
Factors that Affect Property and Asset Division in Arlington, TX
When determining how to divide property and assets in a divorce in Arlington, there are a plethora of factors a court may consider. For example, in an at-fault divorce, the spouse that committed an illicit action may receive a disproportionate part of the property division. This means that a spouse that commits adultery may not receive an equal split of the community property.
Other factors that can affect property division include:
- Earning Capacity for Each Spouse – If one spouse supported the other by being a full-time homemaker, their experience and ability to secure employment is decreased. As a result, the homemaker spouse may receive a larger portion of the property.
- Health of Each Spouse – A spouse that is living with a severe disability may have trouble with managing their health and pursuing. The court may consider a spouse’s ability to care for themselves, which can shift property distribution in their favor.
- Custody of Children – Custody of children is one of the most important factors when discussing the division of assets. If one parent receives primary custody of the children from a marriage, that spouse may receive a larger share of the community property.
- Gifts for a Spouse – Ordinarily, gifts to a spouse would be considered separate property. Additionally, if one spouse purchases a gift for the other spouse using community funds, the gift would be considered separate property for purposes of divorce.
- Age Differences – It is an unfortunate truth that the age of a person can affect their ability to work. As a result, a court may examine the ages of each spouse to determine whether they may have difficulty securing employment in a particular field.
There are various other factors that a court may consider when determining the distribution of property in Arlington, TX. If you are concerned about how a court might divide marital property, you should waste no time in speaking with a lawyer.
Work with Our Experienced Arlington Property + Division Asset Attorney Today
If you need assistance with property and asset division for your divorce, you should contact an experienced Arlington asset division attorney. The Queenan Law Firm, P.C., has fought for clients in various types of divorce-related proceedings, and we are ready to work with you. To schedule a free case evaluation, contact the Queenan Law Firm, P.C. at (817) 476-1797. You can also contact the firm online.