When a marriage is irretrievably broken, divorce is usually the most common solution. Often, both spouses are ready to end the marriage and even agree on many topics at first. However, we have found that what may begin as an amicable divorce can escalate into a bitter, angry event usually because of a couple’s assets.
In our experience, hostility during marital property division is not always about the money or property. It is usually more about feelings of unfairness or mistreatment. Neither spouse wants to walk away from a divorce feeling as if they did not get a fair share of the marital property.
Texas is a community property state, which means that marital assets are owned by both parties and are typically split evenly. However, there are certain situations in which property might not be split down the middle. For example, if one spouse acquired assets before getting married, a court may allow him or her to keep this property.
Other times the community property rule may not apply to certain divorces include:
- One spouse receives money as a gift
- One spouse acquires an inheritance
- One spouse wins financial damages in an injury claim
Those concerned about unfair treatment during the marital property division stage of divorce can acquire protection by finding an advocate. Your divorce attorney can help you sort through your finances and come up with strategies to ensure a fair property split.
Whether you are the lesser-earning or greater-earning spouse, consider seeking legal guidance throughout your divorce. You can also learn more about property division by continuing to review the resources on our website.