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Property Division

Fort Worth Property Division Attorneys

Guiding Clients Through Property Division in Tarrant County Divorces

Property division may be the most important issue in your divorce if you have no children. When people work throughout their marriage to earn a living and acquire property, it is understandable that the idea of losing assets or taking a step back can be troubling.

How can you protect your property and ensure your quality of life does not suffer after your divorce? A knowledgeable Fort Worth property division lawyer at the Law Offices of Mark M. Childress can walk you through all your options and prepare you for what lies ahead.

Call the Law Office Of Mark M. Childress today at (817) 497-8148 or contact us online to schedule a meeting with our property division attorney in Fort Worth!

Distinguishing Community Property from Separate Property in Texas

In Texas, community property is all the property and earnings acquired by either spouse during marriage. Community property is viewed as owned by both spouses and will be divided evenly between them in the event of a divorce. 

The division of assets in a divorce often includes furniture, artwork, vehicles, homes, legal titles, bonds, and stocks. Some items that qualify for equitable division include wages, mortgages, the home, interest income from businesses, and furniture.

Anything that is not community or “marital” is considered separate. Separate property remains the sole property of the owning spouse in the event of a divorce; it is not subject to division.

Examples of separate property can include:

  • Property owned by either spouse before marriage
  • An inheritance received by one spouse during marriage
  • Gifts given to one spouse from a third party during the marriage
  • Compensation for personal injuries sustained by one spouse during marriage

Equitable division laws in Texas allow judges to use discretion when distributing the assets and debts to each member of the divorcing couple. 

Judges consider many factors when applying the equitable distribution doctrine, and several criteria may compel the court to order unequal distribution of debt or assets. For example, judges often consider the spouses' earning capacity, custodianship, and marital fault in determining the division of community property.

Learn more: What is commingled property?

How Community Property Affects You: Key Considerations for Asset Division

Texas is a community property state, this means that most assets and debts acquired by a married couple are considered to belong to both parties. 

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