Community Property Lawyer | Property Division Attorney

In the state of Texas, you can put community property in a will. The purpose of a will is to control how a person’s estate is handled should they pass away.

In the event that a married person has children from a previous relationship that are not the children of the surviving spouse, it doesn’t necessarily mean that their share of the community property goes to the spouse should the other spouse die. A married couple can agree in writing that all or part of their community property will pass on to the surviving spouse or they can create an agreement that some of the property will go to the children, and some will remain with the surviving spouse.

If you have any questions or concerns about the division or distribution of community property based on your passing, then it’s a good idea to speak with property division attorneys about how to handle your joint property should one spouse pass away. If these things are not handled ahead of time then they could result in long, drawn-out legal battles and assets being tied up in probate.

Yes. It is possible for adultery to affect the division of assets in the state of Texas. Texas court may award a smaller share of matrimonial property to a spouse who has committed adultery, especially if there is evidence.

Texas courts don’t necessarily divide community property equally. Instead, they focus on what is “just and right.” A just and right division of community property may mean that one spouse receives a larger share of the community property. To determine the share, the court will evaluate the following:

1. Each party’s abilities and capacities including their physical and financial conditions
2. The age difference between parties
3. The estate size of each party
4. The benefits for the not-at-fault party if the marriage would have continued
5. Any business opportunities
6. Each party’s earning ability
7. And the nature of the property in question

The court may also consider other factors should they deem them relevant.

There are currently 9 community property states in the United States:

1. Arizona
2. California
3. Idaho
4. Louisiana
5. Nevada
6. New Mexico
7. Texas
8. Washington
9. Wisconsin

No. In Texas, according to Texas divorce law, any property acquired by gift, device, or descent is separate property.

There are various pros and cons of living in community property jurisdiction states. They include:

Pros:

1. Community property offers balance for a spouse who may not be financially stable
2. Community property also promotes the equal generation of ideas when it comes to communication, financial matters, and legal matters
3. It does not require the married couple to enter an agreement prior to marriage to fairly distribute joint property

Cons:

1. If one person acts irresponsibly, then the other spouse is partially responsible for that behavior
2. Some activities require transactional consent of the other partner
3. If one spouse is more successful than the other, then they will have to share the bounty of their success

Many divorcing couples work together through mediation to agree on the division of community property. This allows them to have more control over what assets they receive in the divorce and negotiate for the property they care about the most. A qualified divorce attorney can help you through the mediation process to ensure your rights are respected and represented through the mediation and divorce process.

A community property premarital agreement outlines how certain community property will be divided in the event of divorce. Under the Texas Family Code, money earned during the marriage is generally considered community property, as is retirement benefits. However, should the couple want to avoid dividing retirement benefits or any other assets or debts, they can outline this agreement in a prenuptial agreement. This way, instead of considering an IRA or 401(k) community property, each couple may instead opt to keep their own retirement accounts and not have to worry about dividing the retirement accounts in the event of divorce.

Community property includes personal property, real estate, financial accounts, retirement accounts and pensions, cars, debts, and much more. The general rule of thumb is that if it was acquired during the marriage then it falls under community property assets or debts and liabilities.

Examples of community property include:

1. The family home
2. Vehicles
3. Furniture
4. Electronics
5. Retirement Contributions
6. Other Employment Benefits
7. Land or property owned
8. Bank accounts
9. Credit card debt
10. Loans

It is best to speak directly to a divorce attorney about when your income will no longer be considered community property. In many cases, as long as you are still married, the income of both parties of the married couple is considered community property. However, there may be instances where an attorney can help depending on your situation.

Quasi community property are assets acquired during the marriage but prior to moving to a community property state. If a couple moves from a non-community property state into a community property state then quasi-community property comes into effect.

In Texas, any property acquired during marriage (with a few exceptions) is equally owned by both spouses. This includes property and earnings no matter who paid for it or who has their name on the title or contract. If the property was purchased between the date of marriage and the date of divorce and it was not a gift, inheritance, or personal injury settlement to one specific spouse, then it is considered community property.