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Property Division

Austin property division attorney - HomeIf the division of property in a divorce can be accomplished by the agreement of the parties, the court will almost always approve of it if it is fair and reasonable. Absent such an agreement, the judge in the case will decide. As an Austin property division attorney cautions, the judge has the power to do whatever he or she believes is fair under the circumstances and that is not necessarily a fifty-fifty split of property.

Texas is a Community Property State

Community property is defined as all assets and debts acquired during the marriage that is not separate property. Your Austin property division attorney will explain that there is a legal presumption that all property held by either spouse during marriage is community property and must be divided.

Separate Property

Separate property need not be divided and is retained by the spouse who owns it. Examples include:

  • Property owned before marriage
  • Property received as a gift during marriage
  • Property inherited during marriage

Because of the legal presumption of community property, your Austin property division attorney will need to demonstrate through clear and convincing evidence the nature of the separate property.

Factors the Court Will Consider

The most significant factor the judge will look at is the relative earning power of the individual spouses. For example, if after a long marriage one spouse is middle-aged and has not worked for many years and the other is a high-earning executive, the court may order a disproportionate division of the marital property as a fair solution considering the earning capacities. Most judges do not award uneven property divisions based on the improper behavior of one spouse, but issues such as abuse and adultery may be considered.

The Marital Home

For many couples, the marital home is the primary asset. If there are children involved, the courts tend to favor keeping the children in the home at least through high school. The parent with primary custody is often awarded the marital home if it is feasible to do so.

Contact an Austin Property Division Attorney for Legal Advice

There are many factors that are involved in property division. To fully understand your rights and responsibilities, call Nunis & Associates at (512) 236-9696.

  • 801 West Avenue
    Suite 200
    Austin, TX 78701

    (512) 236-9696

    (512) 236-9695

  • Licensed to practice in Texas Courts, including all 4 Federal Districts of Texas. Primary practice in Central Texas: including Austin and Travis County, Georgetown and Williamson County, Bastrop and Bastrop County, San Marcos, Dripping Springs and Hays County.