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You don't need to be a divorce attorney to know that navigating the legal aspects related to the end of a marriage can be an involved process. One of the more contentious debates can be about deciding ownership of shared property. For clarity on how this distribution ultimately gets made, take a look at the guide below.

Answers to Common Questions About Property Division

What is the difference between community property and equitable distribution?

Texas is one of nine US states that follows the rules of community property rather than equitable distribution laws when it comes to property division during divorce proceedings. Under this process, any shared investment is evenly split between the spouses. In an equitable distribution state, a judge determines the fairest way to divide property, which may not mean a 50/50 split.

What are the distinctions between community property and separate property?

Generally speaking, community property is anything acquired during the marriage. Separate property refers to anything owned in one spouse's name prior to the union and is awarded back to that person. Bear in mind, however, that specific types of separate property can become community property. For example, a man can marry having already formed his own business, but if, as the years pass, both the husband's and wife's mutual assets go toward sustaining it, the wife’s divorce attorney can argue that she has partial ownership.

Who keeps the house?

divorce attorneyIn the vast majority of divorces, the spouse who has primary custody of the children will retain the house. Couples without children face a more complicated deliberation, as neither has the legal authority to remove the other from the home. In these cases, judges will decide who keeps the house, and temporary living arrangements will need to be ironed out through divorce attorneys.

Do we each get an equal physical share of the property?

No. A judge will carefully review the monetary value of all property, assets, and debts that are jointly owned. Then, they will assign each spouse a more or less equal share of the financial worth of these items.

 

Property division is both an intricate and potentially volatile issue in a divorce. Having the support of a skilled divorce attorney can make all the difference. Let The Law Offices of Charley Johnson help. For more than 35 years, he has been representing residents of Leon County, Texas, in family law, estate planning, and misdemeanor and felony cases. Call (903) 536-2185 or contact his team online to schedule a consultation today.

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