When it comes to divorce proceedings in Texas, it’s important to understand the state’s laws and regulations regarding property division. Unlike some other states, Texas does not use the principle of “equitable distribution” to divide assets and liabilities during a divorce. Instead, Texas uses a “just and right” division of assets.
In this post, we’ll examine the question of whether assets acquired after the divorce filing but before the divorce finalization are subject to just and right division in a Texas divorce.
“Just and Right” Division of Assets
In a Texas divorce, the court is required to divide the couple’s assets and liabilities in a “just and right” manner. This means that the court must make a fair and reasonable division of the assets and liabilities, taking into account various factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage.
Assets Acquired After the Divorce Filing
The timing of the asset acquisition is important in determining whether the asset is subject to just and right division. When an asset is acquired after the divorce filing but before the divorce finalization, it’s considered a post-separation asset.
Post-separation assets are still subject to just and right division, but the court may consider the timing of the acquisition when determining how to divide the assets. For example, if the asset was acquired close to the date of the final divorce decree, it’s more likely to be considered subject to just and right division.
Assets Purchased During the Divorce
For example, is a vehicle purchased during the divorce process, separate or community property? Technically, it is community property unless purchased with money acquired before marriage or that was given to you as a gift.
So, the court will consider how it is supposed to be divided in light of the circumstances of the particular case.
Final Thoughts
The division of assets and liabilities during a divorce can be a complex and confusing process, especially in Texas where the laws are different from other states. It’s important to work with a knowledgeable family lawyer who is familiar with Texas divorce laws to ensure that your rights are protected throughout the divorce proceedings. At The Blacknall Firm, we have extensive experience in handling Texas divorce cases and can help you understand your rights and options. Contact us today to schedule a consultation with one of our experienced family law attorneys.
