Apr 19, 2023

How Does a Judge Divide Property in A Divorce?

In Texas, property division in a divorce is based on community property law, which means that any property acquired during the marriage is generally considered to be owned equally by both spouses. However, the court may divide the marital estate in a manner that it deems just and right based on various factors. Some of the factors that judges may consider when determining how to divide a marital estate in Texas include:

  1. The length of the marriage;
  2. Each spouse’s income, earning capacity, and future financial prospects;
  3. Each spouse’s education, job skills, and employability;
  4. The age and health of each spouse;
  5. The contributions of each spouse to the marriage, including homemaking, child care, and support for the other spouse’s career or education;
  6. The amount of separate property owned by each spouse;
  7. Any agreements reached by the spouses regarding property division;
  8. The needs of any children involved in the divorce.

It is important to note that property division in Texas can be complex and may require the assistance of an experienced family law attorney. An attorney can help you understand your rights, negotiate a fair settlement, and advocate for your interests in court. I can help you understand the legal process, gather evidence, and present your case effectively in court.