Texas Property & Debt Division Laws
Texas is a community property state, meaning that property acquired by both parties during the marriage is considered community property. The only property exempt from this is separate property, which is property acquired during the marriage while one spouse was living in another state, as well as property that was acquired by gift or owned before marriage.
Since property cannot always be split neatly in half, there are a few factors the court may consider in regards to property division, such as the:
- Health and age of each spouse
- Duration of the marriage
- Income of each spouse
- Tax consequences
Contested Property in a Texas Divorce
If your ex contests the division of property and debt, or if they refuse to follow the division laid out in your final divorce agreement, you do have legal options. Before your divorce decree is signed by the judge, your attorney will work diligently to ensure your property and debts are split evenly, per Texas’s community property rules. We will argue your side of the story and ensure your voice is heard throughout your contested case. More importantly, we provide a level head and a sympathetic ear when you are facing an emotionally taxing legal battle.
If your ex refuses to comply with your court order after it has been signed by the judge, we will take them to court to help you get what you are owed. This is known as enforcement, and it involves filing a motion for enforcement against your ex in the court where your divorce was granted. There is a two-year statute of limitations, after which a suit may not be filed, so it is important that you work quickly if your spouse is not complying with your divorce order.
Should your ex still not comply, a motion for delivery of property can be filed, and any further noncompliance will be met with financial penalties, jail time, or other punishments, as your ex will then be held in contempt of court.
Protecting Your Hard-Earned Property
Whether you have a specific piece of property you are concerned about losing or want to ensure that your shared property is distributed fairly, Kersh Law Firm, P.C. can help. While there is no way to guarantee an outcome for any step in the divorce process, our Pearland property division lawyers can work to protect your best interests. If you and your spouse are able to split up property on your own, you may be able to successfully navigate an uncontested divorce. However, if you must go to litigation, you can rely on Kersh Law Firm, P.C. to fight for the best possible outcome.
Dial (936) 297-5016 or contact us online today to make an appointment.
