Property Division

Get All The Property That You Are Entitled To In Your Divorce

Almost all marriages will involve a division of property. This often leads clients to ask, how can they make sure that they get all of the property that they are entitled to in the divorce? This article explains how that happens in a Texas divorce. Only Community Property Is Divisible Texas is a community property […]

What Is A Just and Right Division of Property In Divorce?

This article provides an overview of the general rule for dividing property in a Texas divorce as well as a discussion of the factors that a court will consider when deciding how to divide property. The General Rule For Property Division In Divorce The legal standard for property division in a Texas divorce is a […]

Why Is My Spouse Entitled To Any Of My Retirement In A Texas Divorce?

You worked hard at your job. You saved money from the day you started. Lucky for your – your company had a 401(k) or pension plan match program so that 4% you stashed away for retirement was really 8%. You were responsibly planning for retirement and felt like you were well on your way to […]

Can I Divide My Retirement Account In A Divorce Without Paying Taxes?

Yes, if the transaction is properly structured then you can divide your retirement account in a divorce without paying taxes at the time of division regardless of the type of account. The process for a tax free division in a divorce depends on the type of retirement account that you are dividing. But first, let’s […]

Who Will Divide Our Property in a Texas Divorce?

Most Texas divorce cases will end with an agreement reached between the parties. In these cases, the parties decide how and when property will be divided between the spouses. If the parties reach an agreement on property division, then that agreement will be reduced to writing in the form of an Agreed Final Decree of […]

Are Texas Teacher’s Retirement System Benefits Subject To Division In Divorce?

The Teacher Retirement System of Texas (“TRS”) provides retirement benefits for teacher’s across the State of Texas. It is one of the State’s largest benefit programs. But are those retirement benefits subject to division in a divorce? The answer is, yes, they are subject to division to the extent that they are community property. Note […]

Does No Fault Divorce Bar an Unequal Property Division in Texas?

The short answer is no – asking for a no fault divorce does not prevent a spouse from also seeking a disproportionate share of the marital estate as I explain in more detail below. Texas is a no fault divorce state which means that you do not have to prove misconduct by your spouse in […]

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