Tag Archives: property division

How Property Is Divided During a Divorce in Texas

A divorce is a stressful time with many moving parts, including the division of property. If you’re considering a divorce, you might be wondering how your marital assets and property will be divided in court. States divide property using one of two methods: community property division and equitable division.

Texas Is a Community Property State

In Texas, property is divided using the community property method. This means that the property acquired during your marriage belongs to both you and your spouse and must be divided equally. 

What Is Separate Property?

The only property not eligible for division is separate property—property you or your spouse owned before the marriage. For example, if you receive an inheritance from a family member before the marriage, you’ll be able to keep it. Other examples of separate property include gifts and recoveries from individual legal proceedings.

For any property to be separate, you must prove it belongs to you in court. This may be as simple as providing bank statements or other documentation. In other cases, you may require the assistance of a divorce attorney.

The Division of Community Property

For property that’s considered community property, Texas law requires the court to divide the property fairly and equitably. There are many factors when considering who receives what portion. For example, the court will consider fault in the dissolution of marriage, child custody, employability of each spouse and more.

What About Our Family Business?

If you and your spouse’s business was created during your marriage, it’s eligible for equal division at the point of divorce. If it’s a small business such as a sole proprietorship, you may be able to keep your assets. Yet, if you own a corporation with many assets, it may need to be divided. The court will do what’s best for you and your business.

Allow Us to Help You Through Your Divorce

Property division can be tough, and you shouldn’t handle it on your own. Allow the team at Schneider Law Firm, P.C. help you through. To learn more about your divorce, give our Ft. Worth law office a call at 817-755-1852 or send us a message.

A History of Divorce

Even though it may seem like it only exists in modern times, divorce is not a new phenomenon. The history of divorce is long and interesting. At the Schneider Law Firm in Fort Worth, Texas, we guide clients through the divorce process nearly every day. We’ve developed an appreciation for the legal and emotional complexities that have been intrinsic to divorce since the beginning.

Henry VIII and Catherine of Aragon: A Notable Divorce

The most celebrated divorce case in history involves the marriage of Henry VIII and Catherine of Aragon. Beginning in 1527, Henry VIII begin asking Pope Clement VII to annul his marriage to Catherine. The Pope refused to grant the annulment. Finally, in 1533, he broke with Rome and created the brand new Church of England. Under the rules of the new church, he was able to end his marriage. The end was technically an annulment, although many people talk about it as a “divorce.”

The end of this marriage with a new church did not lead to a rash of divorces and annulments in England. The Church of England turned out to be even stricter than the Catholic Church when it came to granting annulments. In Protestant England, it was relatively rare for couples to end their marriages.

The First Divorce in America

The first recorded divorce in America took place when Massachusetts was still a Colony. The records show that Denis Clarke was accused of abandoning his wife Anne Clarke for another woman. Denis and Anne had two children together, and Denis and the other woman also had two children together. When Denis refused to return to Anne, the court punished him by granting Anne a divorce.

No-Fault Divorce: The Beginning of Modern Divorce

In 1969, when Ronald Regan was governor of California, he made a political move that he later listed as a major regret. Seeking to end the long court battles and false allegations that often came with at-fault divorces, he signed into law the country’s first no-fault divorce act. The act removed the requirement that one spouse must be at fault for the end of the marriage, and it led to similar acts being signed into law in almost every other state.

In the years that followed, the divorce rate more than doubled. Divorce rates did not continue to climb exponentially, however. Divorce rates have ebbed and flowed with the times, and many societal factors continue to affect them.

If You Need Divorce Help, Call Us Today

At the Ft. Worth office of the Schneider Law Firm, P.C., our attorneys can answer your questions about the divorce process and help protect your rights no matter what challenges you are experiencing. Call 817-755-1852 to talk with us about your situation.

Sources: 

https://www.smithsonianmag.com/history/heartbreaking-history-of-divorce-180949439/

https://www.history.com/this-day-in-history/first-divorce-in-the-colonies

https://www.nationalaffairs.com/publications/detail/the-evolution-of-divorce

Who Gets to Stay in the House During a Divorce?

The family home is the most commonly divided piece of property during Texas divorces. It’s also one area of deepest concern for divorcing couples. Dividing a family home is more than just a financial question. Family homes come with many sentimental attachments, and they can be the center of family life. So, who gets to stay in the house during a divorce?

Texas Law on Division of Real Estate

Generally, Texas is a community property state. Texas law divides property acquired during the marriage equally. Each spouse contributed to the finances, so each should get an equal share. Of course, things can be complicated. When one spouse purchased the family home before the marriage, it may be treated as separate property. Or, a portion of it may be treated as separate property. 

Because you can’t divide a house in two, divorcing couples may decide that one spouse stays in the house and the other gets a greater portion of the assets. They may also decide to sell the home and split the proceeds equally, or that one spouse can stay in the home, and the other gets a portion of the equity.

Temporary Orders While a Divorce Is Pending

At the beginning of the divorce process, your lawyer may ask the court to issue a temporary order affecting things like child custody, child support and the family home. The temporary order may say that one spouse resides in the home while the divorce is pending, until the final resolution of the divorce.

Negotiation, Mediation and the Family Home in Divorce

During the divorce process, you and your spouse will have a chance to negotiate important matters like child custody. If staying in the family home is important to you, let your attorney know. Your lawyer can negotiate on your behalf to help you stay in your home.

Sometimes, couples engage in mediation to resolve their divorces. In mediation, couples can decide how to divide their assets. While a court might divide community property equally without special considerations, couples who are open to working together to make decisions about their futures can have greater control over the outcomes of their divorces.

At the Schneider Law Firm, P.C., we work to protect your interests during a divorce. For a confidential consultation, call our Fort Worth office at 817-755-1852. We can answer your questions about the division of real estate in Texas and about your family home.

Source: 

https://texaslawhelp.org/article/divorce-real-estate

How Can I Enforce Court-Ordered Property Division?

Sometimes dissolution of marriage continues much longer and is more stressful than anticipated because one spouse refuses to follow the rules. In cases where an ex refuses to follow court-ordered property division, there are things you can do to help make sure the order gets enforced.

Enforcing Property Division in a Divorce

If your ex-spouse isn’t following the property division orders set out by the court, you’ll need to go back to the same court to have the order enforced. You’ll file a lawsuit asking the court to enforce the order. The lawsuit won’t ask the court to change the original order or your divorce decree in any way; it will just ask the court to specify how the property should be divided. 

As with other legal actions, the other party must receive notice. Then, they’ll need to respond or risk getting a default judgment made against them.

How Can I Enforce Property Division? | Texas Divorce
817-799-7125 – In cases where an ex refuses to follow court-ordered property division in Texas, you can take legal action, asking the court to enforce the order.

Timeline: When Can I Ask the Court to Enforce a Property Division Order?

You’ll need to wait at least 30 days after the court-ordered property division before asking the court to enforce it. But, don’t wait too long. There is a two-year statute of limitations on these claims. That means that you must file your lawsuit within two years of the date that the court issued the original order. (Of course, talk with a lawyer about your situation, even if you worry that the statute of limitations has passed. It’s better to be safe than sorry!)

Remedies: What Can the Court Do?

Perhaps the ex-spouse isn’t following the property division order because the order is unclear, so asking the court to clarify the order is a good starting point. If the motion to clarify does not result in the desired outcome, you can file a motion for the delivery of property.

If your ex-spouse still refuses to comply with the property division order, your lawyer can file a motion for contempt. Courts can order money damages and even have your ex-spouse sent to jail if they are found to be in contempt of court. The court can also force your ex-spouse to pay your court costs and attorney’s fees.

Get Help With Property Division Enforcement. Contact an Attorney.

Divorce is stressful enough, even when both spouses play by the rules. It’s important to have an experienced attorney on your side. If you need legal help with enforcing a property division order, you can start by calling the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125 . Our Texas divorce lawyers are here to support you.

Source:

https://texaslawhelp.org/article/enforcing-property-division-divorce#toc-1

How Allegations of Family Violence Can Affect a Texas Divorce

Family violence happens when someone uses abusive or controlling behavior to harm another member of the family. It can be complicated and deeply personal. While violence takes different forms in every family it touches, one thing remains constant: Domestic violence can have a significant impact on the outcome of a divorce. Here are some things to consider.

Family Violence and the Divorce Process

The divorce process is often different for people who face violence in their family relationships. Victims of domestic violence also have legal tools they can use for protection. One option is to petition the court for a protective order (sometimes called a restraining order). When a protective order is in place, it can affect many different things–from where a spouse lives during the divorce process to how often he or she sees the children.
Options for resolution are different, too. For example, mediation is often used as a tool for couples to come to an agreement on the issues in their divorces. However, professionals do not recommend medication for couples when domestic violence is a factor. The reason? Judges and lawyers worry that one spouse will have too much leverage in negotiations, and the outcome won’t be fair.
Domestic violence can also speed up a divorce. The Texas Family Code says that couples must wait at least 60 days after filing a divorce petition for a divorce to be final. But this requirement can be waived in cases involving domestic violence.

Family Violence and Child Custody

Judges consider the “best interests of the child” when making child custody decisions. If one parent has a history of domestic violence, the judge will consider that as part of the best interests’ evaluation. Texas law says that parents who physically or sexually abused their children during the previous two years cannot have custody. Even if the kids were never harmed, domestic violence affects things like the ability of parents to make major parenting decisions together, as well as child custody drop-offs.

Family Violence and Property Division

Texas is a community property state. Generally, couples split the things they acquired during the marriage 50/50. However, there are some exceptions, including family violence. Domestic violence can be a reason for courts to decide on the unequal division of assets.

Fighting False Allegations of Violence

Our firm has handled several cases where on spouse made false allegations of family abuse in order to influence a pending divorce or child custody case. This is a serious injustice, and we won’t let our clients be falsely accused. We believe in fighting allegations aggressively and protecting our clients’ rights.

Choose an Attorney With Family Violence Experience

When you are choosing your divorce lawyer, pick one who has experience in domestic violence and divorce. Your lawyer will be experienced in advocating for your rights during the divorce process so that they are protected. You can get started by calling the Arlington office of the Schneider Law Firm, P.C., at 817-799-7125.

4 Things You Should Know About the Texas Divorce Process

Most people who divorce have never done it before and didn’t expect to ever go through it. They have no idea what to expect. If you are considering a divorce or have been served with divorce papers, here are some basics you should know from the lawyers at the Schneider Law Firm, P.C., in Ft. Worth.

1. There Must Be Grounds for Divorce in Texas

Texas isn’t a “no-fault” divorce state. That means that in order to get a divorce in Texas, there must be a reason (“grounds for divorce”). The reason can include things like adultery, abandonment or conviction of a felony. Most divorces cite “insupportability” as the reason, which means that the marriage cannot continue due to conflicting personalities.

2. Contested vs. Uncontested Divorce

Divorces come in two types: contested and uncontested. Many people think that they have an uncontested divorce because they generally get along with their spouses. However, the definition is stricter. To have an uncontested divorce, you and your spouse must agree on every issue in the divorce. Otherwise, you have a contested divorce. Sometimes, divorces that start as uncontested divorces end as contested ones.

4 Things You Should Know About the Texas Divorce Process

3. You’ll Need to Resolve Four Major issues

Each divorce is different, and not all divorces involve children. Generally speaking, though, there are four major issues to consider in a Texas divorce:

  • Child custody: Texas courts divide child custody into conservatorship and possession/access. Conservatorship is the ability to make major decisions about the child’s life. Possession/access is where the child lives.
  • Property division: There are two types of property in Texas: community property and separate property. Community property is things you and your spouse have collected during the marriage – like your savings accounts and real estate. Your debts are also considered. Community property is usually split 50/50.
  • Child support: Courts order child support according to a series of Texas Child Support Guidelines that consider several factors.
  • Alimony: Courts can sometimes order alimony for a limited time when the receiving spouse is not able to earn enough income.

4. You Only Get One Chance to Do Your Divorce Right

It may sound harsh, but you only get one chance to decide the major issues of your divorce and make sure your interests are protected. It is possible to appeal a divorce in some cases, but it’s much easier to do things right the first time.
Talk with an attorney before making big decisions. Start by taking steps to get as much information as possible. Call the Arlington office of Schneider Law Firm, P.C., at 817-755-1852.