For some spouses in Texas and elsewhere, ending the marriage might be a step in the right direction. While it is not a pleasant time, if it is obvious that a marriage cannot be saved, spouses might be able to go through the process with a positive attitude. However, even when divorcing spouses are working through the dissolution process collaboratively or amicably, this does not mean problems will not be encountered. When it comes to property division, this is considered one of the most contentious divorce issues, causing many spouses to dispute over which spouse gets what.
Based on Texas marital property laws, Texas is a community property state. This means that all the property and assets acquired by the married couple during their union is considered marital property. Marital property is then subject to division in the divorce process. For the most part, this means that all property and income will be divided equally between spouses in the divorce process.
While property considered to be community property in the marriage will be divided in divorce, property that does not fall in this category will not be divided. This means that property acquired before marriage or has been maintained as separate property will not be treated as community property. This also means that property acquired by gift, devise or descent is not community property. This includes items such as birthday gifts, family heirlooms, items purchased prior to marriage, inheritances and personal injury awards.
Even when spouses are married and living in a community property state, there are still ways around a community property division during divorce. Spouses could take the time to draft a prenuptial or postnuptial agreement, spelling out who is entitled to which assets during dissolution. This is often used to protect certain assets, such as a family business.
No matter your situation, it is important to understand your rights during the divorce process. This means understanding the applicable laws and how they apply to your specific situation. This could help ensure that your rights are protected and a fair divorce settlement is reached.