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Barbara L. Jouette, Attorney, P.C.
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What does Texas' community property law mean for your divorce?

Unlike most states, Texas law has what is known as a community property state. Many understand the term "community property state" to mean that a couple seeking a divorce will find its marital property divided equally. However, is this really what Texas law means for your divorce?

 

The truth is that the answer to that question is maybe. It is important to remember that the Texas Family Code states that a couple's property will be divided in a way that "the court deems just and right." The inclusion of this language allows for a more subjective decision than one might have originally imagined.

It is also important to note that the Family Code allows for an agreement drafted by the spouses themselves. This means that you and your spouse have the option to sit down and work out a property division agreement that fits your needs and goals. If your agreement is deemed fair by the court, it is likely that the judge overseeing your case will allow it to stand.

If you have concerns about how Texas' community property laws could affect the division of property in your divorce, you may find the help of an experienced family law attorney invaluable. Your attorney can help you and your spouse during property negotiations or your attorney can represent your interests in court if negotiations fail. In addition, your attorney can ensure that your rights are protected in all matters related to your divorce, including property division and child-related matters.

 

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