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Character of Property in Texas
(Community Property Law)
The
first and most practical subject to address when talking about divorce
is to discuss the character of property in the State of Texas. First and foremost, Texas is a community property state. This essentially means that anything which is acquired during the course of the marriage is considered community property and is therefore owned jointly by both the husband and the wife. There are, of course, some exceptions. If the property was acquired before the marriage, it is considered separate property. However, it is important to understand, especially if the property is money, which if the money is mixed or commingled with community funds, there is a chance that the funds could become community funds. Another way property or funds could be considered separate property is if the property or the funds were a gift or if they were inherited. Many times, one of the most hotly contested issues during a divorce is the division of property. If there is fault involved in a divorce, property can be disproportionately awarded to one spouse or to the other. It is the Court's responsibility to divide the property in a just and right manner. This is a very broad standard and gives the Court great latitude.
If you are in the process of getting a divorce or have already been served with divorce papers, you need the help of a competent and aggressive Conroe Divorce Attorney or a Spring Divorce Attorney. Contact the Montgomery County, Texas Divorce attorneys at Smith & Garg today to schedule a consultation.
For further information please select any of the following links listed below. Each link will describe a part of the divorce process. In the event you are in need of further information, please contact Smith & Garg today to speak with an attorney or schedule a consultation!