Introduction to Texas Family Code Section 1.301

The division of assets and properties is one of the most critical and often contentious aspects of a divorce. The Texas Family Code Section 1.301 lays the foundation for how property is to be divided upon the dissolution of marriage in Texas.

What is Property Division in a Divorce?

When a marriage ends, the assets and liabilities accrued during the union are typically divided between the parties. In Texas, the law considers the distinctions between community property and separate property, ensuring an equitable division.

Key Aspects of Division of Property under Texas Law

  • Community Property: Generally, any assets or income acquired during the marriage are considered community property and are subject to division upon divorce.
  • Separate Property: Assets owned before the marriage or obtained during the marriage through inheritance or gifts are typically considered separate property and remain with the original owner.
  • Just and Right Division: Texas courts aim for a “just and right” division of community property. While this often results in a roughly equal split, several factors can influence a judge’s decision, such as the earning capacities of the parties, fault in the breakup, and the needs of any children involved.
  • Debts and Liabilities: Like assets, debts and liabilities accumulated during the marriage are typically divided equitably between the parties.

Why Rely on The Blacknall Firm for Property Division?

Navigating the complexities of property division requires a keen understanding of the Texas Family Code and a compassionate approach to the emotional aspects of divorce. The Blacknall Firm offers both, ensuring that your rights and interests are upheld during the property division process. Our dedicated team offers years of expertise in handling Texas divorces and the nuances of property division.

Protect Your Assets in a Divorce

A fair and equitable division of assets is paramount in ensuring a smooth transition post-divorce. If you’re facing a divorce and are concerned about how your assets will be divided, you need the expertise and guidance of a seasoned attorney. Schedule a consultation with The Blacknall Firm today for unmatched legal representation in divorce or child custody matters.