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Who’s Getting the Property in Your Divorce?

Though it may not be your first question in a divorce, it is one of the most important: who’s getting all our stuff? When you’re going through a divorce, it’d be nice if everything had a very clear tag denoting who owns what and who is entitled to what, but that just isn’t the case usually. People buy houses together as a married couple. They buy cars. They buy expensive furniture. They buy expensive electronics. They invest together. They invest in each other together. Sorting out who gets what can be incredibly difficult and upsetting, even in the best of situations, which most divorces are not.

However, one thing that helps is to have a basic understanding of how property is divided in Texas before you file for a divorce. That way, you know what to expect when the process begins, and you’ll be prepared. What does Texas law say about property division? For that, we’ll look at Adams Law Firm, where they have already addressed this question with their clients and potential clients.

Adams Law Firm tell us that Texas is a community property state. What that means is that any property purchased during a marriage probably counts as joint property. To me, that makes a lot of sense. If you bought a boat together, you are both entitled to ownership. There are exceptions to this, such as property received as gifts or through inheritance. That will stay with the person who received those pieces of property. Any property you had before the marriage will also remain yours and won’t be divided up.

So, what happens with that joint property during the divorce? The court will attempt to divide it up equitably in most cases – note that equitably is different than equally. The court will consider factors such as the length of the marriage and the behavior of each spouse when deciding how to divide the property fairly. While this could mean a 50-5o split, this is relatively unlikely.

What does this mean for you? It means that it’s best to try to work with your soon-to-be-former spouse to come up with an agreement about the property before the divorce so that no one loses out on some piece of property that is important to them. Otherwise, you may see that boat sold in order to split the value as evenly as possible. This is one of the most painful parts of a divorce. After all, many pieces of property come to have great importance to us. Your house is your home, and no one wants to lose that place that is so central to their sense of security. Yet, only one individual can keep a house after a divorce.

Understanding the basics of property division in a divorce can allow you to prepare for what is ahead now. If there is some piece of property that is important to you, try to speak to your spouse about it beforehand, or else, instruct your lawyer to attempt to maintain possession of that property. You are sure to lose some of your property if you have been married for a significant amount of time, but with a good lawyer and the best of efforts to resolve things fairly, you don’t have to lose everything.

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