Navigating Property Division in Texas Divorce: A Comprehensive Guide
When it comes to family law in Texas, one of the most frequently asked questions is, "Who gets the house in a divorce?" This question often stems from concerns about the division of assets, as the house is typically the most significant asset for many couples. Understanding how property is divided can help you navigate the complexities of divorce with greater confidence. At Hembree Bell Law, we are committed to providing you with the information and support you need to build the life you envision, even in the face of challenging times.
Understanding Community and Separate Property
To grasp how a court divides assets in a divorce, it's essential to understand the distinction between community and separate property. Imagine a number line, where zero represents the date of your marriage. Everything acquired from the date of marriage forward is presumed to be community property, meaning it belongs to both spouses equally. This includes any property bought or acquired during the marriage, up to the date of divorce.Conversely, anything acquired before the marriage is considered separate property, meaning it belongs solely to the individual who acquired it. However, proving that something is separate property requires clear and convincing evidence, a higher standard of proof. This means you'll need receipts, title documents, bank statements, and other relevant paperwork to substantiate your claim.
Common Pitfalls: Commingling Assets
One common mistake people make is commingling separate property with community property. For instance, if you receive a gift or inheritance during the marriage, it can remain separate property. However, if you deposit that gift or inheritance into a joint account, it becomes commingled, making it challenging to prove its separate nature. To avoid this, it's crucial to keep separate property in a distinct account from community property.
Keeping Records: A Proactive Approach
Banks are only required to keep your records for seven years, which can pose a problem if your marriage exceeds this duration. To protect yourself, download and save your financial statements annually. Store these documents in a secure location, such as a Google Drive or Dropbox account, to ensure you have access to them if needed.
Factors Influencing Property Division
While a 50/50 division of community property is the default, several factors can influence this distribution:
Fault in the Breakup: If one spouse is at fault for the breakup, such as through infidelity or abandonment, the court may award a larger share of the property to the other spouse.
Disproportionate Earning Power: If there is a significant disparity in earning power between the spouses, the court may adjust the division to account for this imbalance. For example, if one spouse stayed home to raise children, they might receive a larger share to compensate for their lost earning potential.
Domestic Violence: In cases involving domestic violence, the court is likely to award a disproportionate share of the property to the victim. The severity of the violence can significantly impact the division, potentially resulting in a 90/10 split in extreme cases.
Steps to Take During Your Marriage
Even if divorce is the furthest thing from your mind, taking certain steps during your marriage can safeguard your interests so that you are protected, no matter what the future may hold. Take these steps to “divorce-proof” your marriage and your money:
Maintain Separate Accounts: Keep separate property in individual accounts to avoid commingling.
Document Financial Transactions: Regularly download and save financial statements and receipts.
Understand Your Rights: Stay informed about your rights and obligations under Texas family law.
Need Help Dividing Property In Divorce? Trust Hembree Bell Law!
By understanding how property division works in Texas and taking proactive steps to protect your interests, you can navigate the divorce process with greater confidence. But at Hembree Bell Law, we understand that going through a divorce or custody dispute can feel overwhelming, even if you have some knowledge on your side. Our approach is to learn about your goals and build a lasting relationship with you, providing support throughout your life. Whether you're dealing with immediate legal issues or planning for the future, we're here to help you build the life you desire.Are you ready to take control of your future and protect your interests? It’s not selfish to want a beautiful life, and we can help you fight for it. Contact Hembree Bell Law today to get a free case evaluation. Let us guide you through the complexities of family law and help you achieve the life you envision. Your journey to a brighter future starts here.