Property And Debt

Texas is a community property state, which means it is presumed that all the property purchased during the marriage belongs to both spouses even if it is only under one spouse's name. If the parties are not in agreement with the division of the property, then the court will divide the assets in a manner that is deemed just and right. A fair and equitable division of the property is usually 50 percent for each spouse. The judge may award one spouse more than 50 percent of the community estate if fault in the breakup of the marriage is proven, such as:

  • Adultery
  • Cruel treatment
  • Felony conviction with at least one year in prison
  • Abandonment for one year

In addition to considering fault of one spouse, there are several other factors the judge may consider in awarding a disproportionate share, such as:

  • Benefits the innocent spouse would have received if the marriage continued
  • Disparity of incomes or earning capacity
  • Physical health
  • Size of separate estates of the spouses
  • Anticipated inheritance
  • Gifts to spouse
  • Gifts to third parties
  • Waste of community assets
  • Custody of children

The Gonzalez Law Group provides legal advice and guidance to protect your property rights. Our office will work with you to compile a complete inventory of your property and debts. Call for a free consultation at 832-530-4070.

Separate Property

Under Texas law, a spouse's separate property consists of 1) property owned before the marriage, 2) property acquired by gift or inheritance and 3) certain types of personal injuries recoveries. The spouse claiming to have separate property must prove it by tracing the property to its origin. The court has no authority to award one party's separate property to the other spouse.

If you believe you have separate property, you should consult with a family law attorney to help you prove it in court. Please call for a free consultation at 832-530-4070. Se habla español.