A Property Division FAQ

Texas is a community property state, which means all property acquired during your marriage will be divided in a "just and right" manner. Property owned prior to a marriage or received as a gift or inheritance during the marriage might be considered separate property that would not be divided.

How do you ensure that a property division is fair? One way is to seek legal representation from the Houston law office of W. Tyler Moore, PC. Our attorney is not only a board-certified specialist in family law, but also holds a certification as a specialist in civil trial law. When combined with more than 40 years of experience, we know how to protect your rights.

Here are some answers to common questions:

Is Community Property Divided 50-50?

Not necessarily, it depends in each divorce case. The court completes a case-by-case review and then awards property in a "just and right" manner. One spouse could be awarded more property depending on the situation.

What Factors Are Used To Divide Marital Property?

Many relevant factors can be used by a judge to make a final decision. Some of these include:

  • Differences in education or earning capacities
  • Age, health or special needs of each spouse
  • Separate property assigned

When children are involved, issues related to child support may also have an impact.

How Is Property Valued?

You and your spouse complete an inventory of assets that includes the value and any outstanding liabilities against each. Often this valuation may be an estimate that is accepted by both of you.

When valuation is in dispute, you may want to hire an expert to complete an appraisal. In some cases, each spouse will hire a different appraiser and judge will decide which is more accurate after reviewing the evidence and hearing testimony.

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