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Common questions about Texas property division

Texas is a community property state. That means when a couple divorces, property is defined as either separate property or community property. Community property is divided evenly and each party keeps his or her own separate property. It can be difficult to determine what is community property and what is separate property in some cases. Here are the most common questions about property division in Texas.

-- What is non-community property and community property?

Community property is anything the two of you might have picked up during your time together after the wedding. This also includes your debts, so be prepared and know what liabilities you have.

Separate property is the property you had before getting married. It could also be an inheritance, proceeds from a pension, gifts and court awards.

-- Who gets the house?

This is one part of the property division that can cause a dispute. If there are children, the parent who takes care of most of the child-rearing duties will usually get the house. However, if you don't have children, then the court may have to decide how to proceed. You can't prevent your soon-to-be ex-spouse from living in the family home -- no matter how badly you want him or her out. You can ask your spouse to leave, but the court may eventually have to decide who will get the home.

These two questions are very common during the property division process in Texas. Your divorce attorney can help you learn more about the process and how it will proceed if it must go in front of a judge.

Source: FindLaw, "Divorce Property Division FAQ," accessed March 25, 2016

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