Question By: When getting divorced in Texas, there is something important to keep in mind: Property division is not always equal. Texas law requires community property to be divided in a manner the Court determines to be just and right when considering all of the parties' circumstances and evidence put before the Court. It is natural to assume that community property will be split equally between the parties, but this is not true. Texas family law courts may order that the assets are divided equally, but the courts could just as likely order them to be unevenly distributed.
Agreement between the parties: The spouses can agree on a property division that they believe is fair and reasonable. The court will generally approve such an agreement, as long as it is in writing and both spouses understand the terms.
Consideration of certain factors: If the spouses cannot agree on a property division, the court will consider several factors in determining how to divide the property, including the length of the marriage, the earning capacities of each spouse, the age and health of each spouse, and the contributions of each spouse to the marriage.
Separate property: Property that was acquired by one spouse before the marriage, by gift or inheritance, or as a result of a personal injury settlement is considered separate property and is not subject to division in a divorce. However, if separate property was used to improve community property, the court may consider that when dividing the property.
Factors affecting property division: Factors such as the income and earning capacity of each spouse, the age and health of each spouse, and the contribution of each spouse to the marriage can affect the property division. The court may also consider the debts and liabilities of each spouse, as well as the future needs of each spouse.
Equitable distribution: Texas is a community property state, but this does not necessarily mean that property will be divided equally in a divorce. Instead, the court aims to divide the property in a fair and reasonable manner, taking into account the circumstances of each case.
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