What Is Equitable Distribution In Collin County?

Divorces are rarely easy, but Texas law tries to make them as fair as possible. It may not always feel like it, but divorce in Texas is designed to be a reasonable way to divide assets and address issues with children.

Texas is a community property state, which means that separating assets can actually be easier here compared to other states.

What Is Community Property?

The term community property essentially means that any property that you or your spouse obtained during the marriage. This marital property is both equally yours and your spouse’s property.

There are a few exceptions to this general rule, but they are often few and far between. Examples of separate property include:

  • Anything you owned before the marriage
  • Inheritances or gifts that were provided to just one spouse
  • Recovery for personal injuries

Because most property is considered community property, the standard treatment for the property is that it is essentially split in half if there is a divorce.

Developing a Fair Division of Property

If your divorce is presented before a judge, he or she will attempt to divide you and your soon-to-be-ex-spouse’s property in a “fair and just” way.

This equitable distribution of property is fair based on the judge’s perception of what is fair. Keep in mind that “equitable” does not necessarily mean equal. The judge will use his or her personal experience and knowledge of similar cases to make this type of decision.

Some of the considerations that the judge may think about when attempting to create an equitable distribution include things like:

  • The reasons for the divorce
  • How long the marriage lasted
  • Custody and visitation arrangements
  • Differences in income and earning power
  • Contributions to the home generally
  • The relative health of each spouse

Income and your employment perhaps have the most important roles when dividing property.

Using Mediation to Develop an Equitable Distribution

Although the judge will certainly try his or her best to divide your property equitably, what the judge perceives as fair may not seem very fair to you at all. The best way to avoid this type of result is to work with your spouse to create a division of property that seems reasonable to both of you.

Mediation can be a helpful way to work with your spouse without having to work directly with him or her. A mediator can help you and your spouse decide which property should go where in a civil and productive way.

Learn more about this type of process and how a judge may divide in Collin County by contacting us. We can help you create a division that works for you and your spouse or present your case in the best light possible at trial.

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