In Texas, everything you and your spouse own or owe at the time of divorce is presumed to be community property—which means it’s generally subject to division between both parties. Even if one spouse earned or acquired the property, the law assumes it belongs equally to both unless proven otherwise.

However, this presumption isn’t absolute. The court has the authority to determine that certain assets are separate property and not part of the community estate. Judges can also decide that an unequal division is fair and just, based on a range of factors like earning capacity, contributions to the marriage, or evidence of misconduct.

To ensure your rights are protected and your financial future is secure, it’s essential to work with skilled and strategic legal counsel. The attorneys at Hanshaw Kennedy Hafen have the experience and dedication to help you navigate the complexities of property division and advocate for a fair outcome.

Despite these presumptions the Court maintains the ability to find that assets are your separate property and not part of the community property estate. The Court can also find that it is fair and equitable to award you more than your spouse based on a number of factors. To ensure that you receive a fair and equitable portion of your estate and to ensure your financial security you need competent and dedicated counsel to guide you through the divorce process.