Temple Property Division Lawyer

Guarding Your Interests in Property Division Matters in Texas

When it comes to navigating the complex terrain of property division in Texas, you need an experienced and dedicated attorney by your side. At The Law Offices of Michael F. White, P.C., we work to assist individuals and families in protecting their interests during divorce proceedings. Our property division lawyer in Temple is here to provide you with the legal guidance and support you need during this challenging time.

Call The Law Offices of Michael F. White, P.C. today at (254) 206-3500 or contact us online to schedule a consultation with our property division attorney in Temple.

What Is Property Division?

Property division is considered a critical aspect of divorce proceedings in Texas. It concerns the equitable distribution of marital assets and liabilities between spouses. Marital property generally includes assets acquired during the marriage, while separate property includes assets acquired before the marriage or received as gifts or inheritances during the marriage. The purpose of property division is to ensure a fair and just allocation of assets and debts between the divorcing parties.

How Is Property Divided in Texas?

Property division in Texas follows the principles of community property, which means that most assets obtained during the marriage are regarded as community property and are subject to division. However, it's essential to note that property division in Texas is not always a 50/50 split. Instead, it should be "just and right," taking into account various factors, such as:

• Spousal agreements: If you and your spouse have a prenuptial or postnuptial agreement outlining property division, the court will typically uphold those terms unless deemed unfair or unconscionable.
• Community property: Marital assets acquired during the marriage, such as real estate, vehicles, bank accounts, retirement accounts, and business interests, are typically subject to division. The court considers aspects such as the length of the marriage, each spouse's contribution to the marriage, and the spouses' respective financial situations.
• Separate property: Assets acquired before the marriage or received as gifts or inheritances during the marriage are generally considered separate property and are not subject to division. However, it's essential to maintain clear records to distinguish between separate and community property.
• Debts: Marital debts, including mortgages, loans, and credit card debts, are also divided during the divorce process. The court assesses the nature and purpose of each debt when making determinations.
• Children and custody arrangements: Child custody and support arrangements can also impact property division, as the court may consider the financial needs of the custodial parent and the children.