Texas is a community property jurisdiction, meaning the estate obtained during marriage is subject to division between the divorcing parties. However, it doesn’t mean that each party gets an equal share. Instead, they get what is deemed a fair share based on the principle of equitable distribution.

A family law attorney in Bedford explains that courts consider many factors when determining equitable property distribution. The process can complicate divorce proceedings as each spouse strives to get what they deem a fair share of the property. If you’re in the middle of a divorce case, it’s best to have legal representation to fight for your rights.

What Factors Do Courts Consider Under the Equitable Distribution Principle?

An experienced divorce lawyer in Bedford will rightly inform you that equitable division of marital assets can be complex because judges follow community property rules. However, they also consider equitable distribution factors, as outlined in the Texas Family Code, which mandates “an equitable distribution of community property.”

Equitable division doesn’t mean dividing them equally, hence the need to account for the following variables:

  • Each spouse’s education level
  • Each party’s income and earning capacity
  • The difference between the income levels of the spouses
  • Business or employment opportunities available to each party
  • The period the marriage lasted
  • The age and health status of each individual
  • Any need for alimony by either party
  • The value of the separate property that each spouse has
  • Fault associated with the divorce, if applicable, such as misuse of marital property
  • Child custody arrangements for minor children
  • Tax consequences related to divorce

Judges could also consider other factors presented by either spouse if they deem them relevant to the divorce. If you believe other factors could promote fairness in your property division case, talk to an experienced divorce attorney in Bedford and let them guide you on presenting a solid case.

What Assets Are Subject to Equitable Division?

Before dividing assets between divorcing spouses, courts must determine community property and separate property. The latter refers to the assets an individual acquired before marriage and, therefore, is not subject to division. Under Texas laws, all assets obtained during the marriage are community property, regardless of whose name the property is in.

However, gifts and inheritances received by an individual during the marriage are exempted from the community property bracket. A Bedford divorce lawyer highlights some common assets and debts in marital property division:

  • Marital home and real estate: The marital home is usually one of the most significant assets that couples own, and the equity in the house is subject to division during the divorce. Equitable division of the marital home is often complex, requiring the input of real estate experts to value the property and determine the outcome.
  • Marital debts and liabilities: Outstanding debts obtained during the marriage must also be equitably divided during the divorce. These include credit card debt, mortgage, and vehicle loans. Depending on the case specifics, the court may order one or both spouses to repay the debts as part of the divorce settlement.
  • Business interests and funds: If a couple has a business or joint investments, the assets must be valued and divided during the divorce. The process can create a rollercoaster of emotions if one spouse owns the company or the investments are illiquid.
  • Retirement Accounts and Pensions: Courts often consider the length of the marriage and each party’s contribution to retirement and pension accounts when dividing them.

Regardless of the property type subject to division, the process can be emotionally daunting. It would be advantageous to have the representation of an experienced Bedford family law attorney to protect your rights by fighting for a fair share of the marital property.

How Can Fault in Marriage Affect Equitable Distribution During Divorce?

Divorce represents the end of a legally binding contract, which is why some states, like Texas, consider fault during the process. In a fault-based divorce, the court can consider a spouse’s guilt and assign repercussions during property division, affecting how much the at-fault party can receive.

Texas recognizes the following fault-based grounds for divorce that can severely affect property division:

  • Cruelty, such as domestic violence, both physical and emotional
  • Adultery, as long as it is the actual cause of the marital breakdown and not just a symptom of a failing marriage
  • Intentional abandonment that lasted more than one year
  • A felony conviction which must not be based on the other spouse’s testimony or last less than a year.

If your ex-spouse has done any of these things, it’s best to let a divorce attorney in Bedford know. They can advise whether fault divorce suits you and whether you have a better chance of gaining a more significant share of the marital property.

An Experienced Divorce Lawyer Providing Legal Insights into Equitable Distribution

Property division can be an emotional process for divorcing spouses because they have to let go of some assets that they held dearly during their marriage. Since Texas upholds the principle of equitable property division, one party could have more assets than the other. With each party seeking to protect their interests, it’s best to work with a skilled Bedford divorce attorney for a favorable outcome.

At the Cutrer Law Group, we have a team of dedicated legal experts who can work with you during this challenging time. Our team can evaluate your case and fight for a fair share of the marital property you worked so hard to acquire. We know that divorce can be heart-wrenching and life-altering, and we want to help you pick the pieces and rebuild your life after the dust settles. Call us at 817-854-1651 to schedule a FREE case assessment.