Springer-Lyle News Updates

latest legal news from the law firm of Springer-Lyle

1807 Westminster
Denton, TX 76205

940.387.0404

  • Home
  • About Us
    • Firm Overview
    • Attorney Profiles
  • Areas of Practice
  • Articles and Cases
  • What’s In the News
  • Resources
  • Videos
    • Who is Springer-Lyle?
    • FAQ Videos
      • FAQs on Business Litigation
      • FAQs on Healthcare, Medical & Pharmaceutical Cases
      • FAQs on Personal Injury, Automobile & Trucking Accidents
      • FAQs on Alternative Dispute Resolution
      • FAQs on Probate Cases
  • Contact Us
You are here: Home / Blog Articles / Featured / Is Community Property in Texas Always Split 50/50 In A Divorce?

Is Community Property in Texas Always Split 50/50 In A Divorce?

January 18, 2021 By Staff - s.r. Leave a Comment

Community Property TX split

Texas is a community property state, which means all property acquired by a couple during their marriage is considered to belong equally to them both. This appears that the community property should then be split 50/50 between the spouses, but this is not always the way it turns out.

Texas law instructs the court to “order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” This means property will not always be divided 50/50.

Factors Court Considers in Making a “Just and Right” Division of Community Property

The following is a list of some factor’s courts consider when making a property division order in a divorce.

  • The fault each party may have had in the break-up of the marriage. Fault is not generally considered in Texas, which allows the parties to petition for a no-fault divorce, but if a spouse has mismanaged the assets, this may have an effect on the property division. Additionally, if one party was unfaithful, cruel, convicted of a felony, or abandoned the other spouse, the court may punish that person by awarding him or her less than half of the community property.
  • The education of each party and the ability of each to support themselves based on their experience and training for the workforce.
  • Disparities in income and earning capacity of each spouse.
  • The years spent by one spouse forgoing their own career development potential in order to advance the professional career of the other spouse.
  • The needs of minor children to have full-time care by one of the spouses.
  • The special needs of adult children who may be disabled and cared for by one of the spouses.
  • The age and health of each spouse.
  • The size of either party’s separate property, including any inheritance or expected inheritance of one party.
  • Tax consequences of dividing certain pieces of property.

The complicated division of community property requires the assistance of a skilled and experienced divorce attorney.

Attorneys at Springer & Lyle Can Help

At Springer & Lyle, we understand the frustration property division can be, especially when the court’s interpretation of “just and right” is not the same as yours. Attorney Daniel Abasolo, family law attorney at Springer & Lyle can answer any questions you have about divorce, property division, and family law in general. Contact him at 940-387-0404 to schedule a consultation.

Filed Under: Featured Tagged With: Community Property, Texas

Leave a Reply Cancel reply

You must be logged in to post a comment.

Subscribe by email

Have the latest news from Springer-Lyle
sent to your inbox.

Articles of Interest

Honda Worldwide Recall of Sedans, Minivans, SUVs

By Deepa Seetharaman and Bernie Woodall of Reuters. Honda Motor Co Ltd plans to recall nearly 2 1/2 million vehicles: small SUVs, cars and minivans worldwide. This includes the popular Accord sedan. … [Read More…]

Hip Implant Complaints Increase, While Dangers Are Reviewed

By BARRY MEIER and JANET ROBERTS of the New York Times Published: August 22, 2011 The federal government has received a surge in complaints in recent months about failed hip replacements, suggesting … [Read More…]

Tragedy Brought on by Tainted Fruit

By Moni Basu, CNN William Beach was one of those people who fixated on certain foods. He would eat the same thing voraciously for a few days, and then, when he tired of the same tastes, he moved onto … [Read More…]

No Better Care, Thanks to Tort Reform

Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came … [Read More…]

Springer & Lyle, LLP

1807 Westminster
Denton, TX 76205

phone: 940.387.0404
toll-free: 855.387.0404
fax: 940.383.7656

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • RSS
  • Twitter
  • YouTube

 

 

make a Pament via LawPay

Return To Top of Page

Copyright © 2023 Springer & Lyle, L.L.P. • • • All Rights Reserved

Website Design by The Crouch Group

Log in