Law Offices of Karen Cushman, P.C. A Family, Divorce & Estate Planning Law Firm
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Know your rights when it comes to property division

Besides child custody matters, property division is often the biggest area that causes disagreements during a divorce. In most cases, each party has specific items or assets that they want as part of the divorce. When you and your ex are working on the property division for your divorce, you should be aware of your rights. We can help you to learn about Texas laws might apply to the case if you end up having to let the court decide on the property division aspect of the divorce. That information might help you to decide how you will handle your side of the case.

When it comes to property division, one of the first things you have to determine is what is classified as separate property and what is classified as community property. Any asssets that you had before the marriage and any inheritances that you received during the marriage are considered separate property as long as you keep it separate from all marital assets.

Community property is any asset that was acquired during the marriage. This category also includes any assets that were comingled with the marital assets during the marriage.

As part of the property division process, the court would consider several factors before deciding who gets what. The current income for each party, the circumstances, the future employability, and the need for income in the future are all considered. The actual value of the assets and debts are also considered.

We can help you to learn about property division laws that apply to your case. This includes how complex property division points, such as retirement accounts and businesses, could be divided.

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