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Why you should establish separate property during your divorce

A couple that is divorcing may find that the process is not as simple as filing papers and going their separate ways, even if one or both spouses are members of the military. Depending on the wants and needs of each spouse, certain issues, such as property division, may cause a dispute during the divorce process. In some states, it may be easy to determine who gets what, but in others, there are many factors that can affect how property is divided.

In Texas, for both civilian couples and military couples, courts divide property based on the equitable distribution standard, which states that any property that was obtained during the couple's marriage is considered community property. With this property being considered community, it will be fairly divided between both spouses. While Texas follows this standard, under certain circumstances, it could be found that property is not actually community or marital property.

If someone wants to establish that certain property is not community property, they may require the assistance of an attorney to do so. In situations like this, it is likely that the spouse will need to prove why this property should not be considered marital in order to prevent it from being divided between both parties. With attorneys being familiar with this process, one may be able to assist with getting this particular property or debt listed as separate.

If you and your current spouse are planning to divorce and are having issues with property division, you may want to contact a divorce attorney. For Texas residents, an attorney at the Law Office of Michael D. Tracton may be able to assist you with the process. There may be laws that help determine how property is divided, but with the assistance of an attorney, you may not have to split property that belongs to only you.

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