How Is Property Divided In Divorce?

If you are planning to file for divorce, you may be curious as to how the judge will go about determining and authorizing the division of property from your marriage. Our state is what is referred to as a "community property state." This means all income, property, assets and debts secured by either party during the course of the marriage will be classified as community property and considered to be owned by both parties equally.

Whether you were the primary income earner in your family, or you were the one who purchased the property with "your own money," will not necessarily influence the judge's decision when dividing property in your divorce. In most cases, property and assets will be divided as close to 50/50 as possible. In cases where one party has separate property, which he or she purchased prior to marriage, clear evidence will need to be provided to the court before the judge will be willing to consider leaving it out of the property division equation. Fault in a divorce can also be grounds to shift the balance of property division in your favor.

Hiring proven legal counsel in a divorce will dramatically increase your chances of being able to retain your separate property, as well as receive your fair share of the community property from the marriage. Do not allow your rights to be compromised. Let us help you fight for what is rightfully yours. Our attorneys will be compassionate to your situation, yet you can count on us to be unwavering advocates for your rights. Our lead attorneys all have a 10.0 Superb Rating on Avvo and each is honored to have received an AV Preeminent® Rating by Martindale-Hubbell®. Our legal expertise in divorce and family law-related issues makes us more than qualified to aggressively defend your interests. To schedule your initial consultation with an Austin divorce attorney from our firm, contact Friday Milner Lambert Turner, PLLC right away.


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