Whether it is something one obtained during childhood or adulthood, the items one brings into a marriage may not leave the marriage in the event of a divorce. Determining what falls under the category of marital property is not always clear. This is especially true in cases where certain assets and property are treated as belonging to both. Such a situation could give rise to conflict, causing the property division process to be challenging.
It should be noted that Texas is a community property state. And, the property will continue to accrue until the date of divorce. This means that even though a couple has filed for divorce, the community estate will not be divided until the divorce is official.
Additionally, all property at the time of divorce is presumed to be community property. That means that all money, houses, cars, and other assets obtained during the marriage will be considered community property. On the other hand, separate property is deemed assets and property brought into the marriage, inheritances, and what was solely given to one spouse. If something is determined to be separate property, then it will not be included in the division of the marital estate.
Finally, the court is not required to divide community property equally. So long at the division is just and equitable, a judge can determine how to divide the estate and which spouse gets what. This can look vastly different from one divorce to another because items hold different monetary and sentimental value to each spouse.
Property division is one of the most contentious divorce issues. It can be challenging to deal with, emotional and cause the dissolution process to take much longer. Thus, it is important to understand what can be done to aid the process. Understanding one’s rights and options could help a divorcing spouse protect their rights and reach a favorable resolution.