Why You Won’t Get 50% of the Community Property

Rich Shea — Sat, 26 Jun 2010 22:30:40 +0000

Many people believe property is divided in half as a result of divorce. It certainly sounds reasonable on many levels. Equal division of property is the standard in some other states, but not in Texas. You can end up with a lot more, or a lot less, than 50% of the community property so you better understand the legal standard the judge is going to use.

It may not mean much to you right now, but if you have significant property to divide in your Woodlands Divorce case then the words “just and right” may end up haunting you if you are not prepared. “Just and Right” is the legal standard used to divide property in a Woodlands Divorce; not “equal”, “50/50” or anything like that. The magic words the judge will use to justify whatever decision he or she makes concerning property division is “just and right.” So, what does it mean?

Nobody really knows what “just and right” means. It is a moving target. The legislature put those words into the statute but never bothered to define them. Over the years countless judges have made rulings on what they interpret to be “just and right” in the case before them and that is what your Woodlands Divorce Attorney will rely on to present your case.

Be Prepared

Don’t risk losing a large portion of your property by not being prepared for your Woodlands Divorce. Attorney Richard L. Shea of The Shea Law Firm can represent you and help protect you from losing everything. Call (832) 426-3913 today.

About The Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights. Contact The Shea Law Firm at (832) 426-3913.

Division of Property

Rich Shea — Fri, 01 May 2009 00:24:41 +0000

Division of the marital property is often a key issue attorneys deal with in divorce cases in The Woodlands. Each party often believes they are entitled to certain property at the conclusion of the divorce, but what does the law provide for how to divide property?

The court issuing an order for divorce in The Woodlands has the broad authority to distribute property in whatever manner it feels is “just and right.” The court is not required to divide property equally between each spouse in a Woodlands divorce case, and it may order an unequal division when a reasonable basis exists for doing so.

Some of the factors the court may consider include:

disparity of incomes or earning capacities,
the spouses’ capacities and abilities,
benefits which the party not at fault would have derived from continuation of the marriage,
business opportunities,
education,
relative physical conditions,
relative financial condition and obligations,
disparity of ages,
size of separate estates, and
the nature of the property.

The court may also consider fault and the conduct of the errant spouse when fault grounds are pled, as well as the wasting of community assets. Speak with a Woodlands Divorce Lawyer to make sure you receive the property you are entitled to in your Woodlands divorce case.

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Why You Won’t Get 50% of the Community Property

Be Prepared

About The Author

Division of Property