Texas Law and Community Property

Walters Gilbreath, PLLC

New to Texas and Seeking Divorce?

If you have recently moved to Texas and are seeking to file for divorce, there are a few things to keep in mind as you start the process. Texas law requires that either spouse must have at least 6 months’ residency in Texas and must have resided in the county of filing for at least 90 days. In addition, it is important to know that Texas is a community property state, allowing the court to divide property as deemed just and right according to Texas law for each party and any children of the marriage.

Property that either spouse acquired prior to the marriage or that is considered separate property by either spouse will have to be proven as such. Per Texas law, property that would be deemed community property in any other state will be considered community property in Texas. To prove separate property, paperwork for said properties will be needed to prove purchase prior to the marriage or showing that the property was given to the individual spouse by a parent or inheritance separate from the marriage. The burden of proof must be clear and convincing and is often one of the most trying and difficult tasks during divorce.

What Determines Division of Property?

In cases where there is substantial property shared between spouses in a divorce, several factors can determine how the property is divided.

Division factors include:

  • Fault of divorce
  • Disparity of earning power between spouses (including earning status during marriage)
  • Spousal’s individual health
  • Child custody arrangements
  • Education and future earning ability

In some cases, both spouses have each amassed pension, 401k savings and retirement assets. The division of these assets may or may not be awarded to the individuals in their entirety if they are relatively similar in amount or if the award of other property makes up the difference.

Seeking Divorce in Your New Home State

As a new resident in Texas, we understand that you may not be familiar with all the divorce laws in this state. You want to hold onto the property and assets you believe you are entitled to. Share your concerns and the stipulations of your divorce with our team of Texas divorce attorneys so we can provide guidance to the legal process here in Texas. As a resident with substantial assets, it is critical to have a professional by your side.

Call our firm at (844) 451-1220 or contact us online for counsel regarding your divorce.


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