Property division is one of the most important and often contested issues in Texas divorces. The Barrera Law Firm provides information regarding key principles about how property is characterized and divided during divorce proceedings, principles that every divorcing spouse should understand.
Property Characterization in Texas
Texas is a community property state. This means that, in general, all property acquired during the marriage is presumed to be community property and is subject to division upon divorce. Separate property which includes assets acquired before the marriage, inheritances, and gifts is not divided between spouses.
The burden of proof is on the spouse claiming separate property to establish that status by clear and convincing evidence. Without sufficient proof, property will be treated as part of the community estate.
Division of Property in Texas Divorces
Texas law requires that community property be divided in a manner that is “just and right.” A just and right division does not necessarily mean an equal 50/50 split. Courts consider a variety of factors, including:
- The earning capacities of each spouse
- Fault in the breakup of the marriage
- The nature of the property involved
- The health and financial circumstances of each spouse
- Future needs, including care of children
Appeals Court Review of Property Division
When a property division is appealed, the appellate court gives significant deference to the trial court’s findings. Appeals courts do not retry the case or reweigh evidence. Instead, they review whether the trial court’s decision was reasonable based on the evidence presented.
If a spouse fails to provide clear and convincing evidence that an asset is separate property, the appellate court will uphold the trial court’s characterization of the property as community. Likewise, the appeals court will not overturn a division unless it is shown to be manifestly unjust.
Practical Lessons for Divorcing Spouses
- Documentation is critical. Parties must be prepared to provide clear, detailed evidence to establish any claim of separate property.
- The presumption favors community property. Without strong evidence, property will be divided as part of the community estate.
- Trial court findings carry weight. Once the court has made its determination, challenging it on appeal is difficult and requires a strong showing of error.
Protect Your Interests with The Barrera Law Firm
At The Barrera Law Firm, we have experience guiding clients through the complexities of property characterization and division in Texas divorces. If you are considering divorce or facing a property dispute, contact us today to schedule a confidential consultation.
