Division of Property

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:

  1. disparity of incomes or earning capacities,
  2. the spouses’ capacities and abilities,
  3. benefits which the party not at fault would have derived from continuation of the marriage,
  4. business opportunities,
  5. education,
  6. relative physical conditions,
  7. relative financial condition and obligations,
  8. disparity of ages,
  9. size of separate estates, and
  10. 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.