Texas is a community property state. The classification of property owned during marriage, however, is actually defined by reference to separate property. Separate property is a spouse’s property owned before marriage or acquired during the marriage by gift, devise or descent (inherited). All property owned during marriage that is not separate property is the community property of both husband and wife. Many people believe this means that in divorce, a court must divide community property in half; i.e., 50/50. This is often the case, but not necessarily so. The court’s obligation is to divide community property in a manner it deems just and right, and to award each spouse his or her separate property.
In assessing a spouse’s marital property rights in divorce, there can be complex issues involving the tracing of assets, valuation of assets, and division of certain assets not normally susceptible of easy division. In addition, depending on the different circumstances of each spouse, it may be necessary to make or defend arguments for a disproportionate share of community property; i.e., other than 50/50 division. In order to ensure protection of marital property rights, each of these issues requires significant attention to detail and an ability to advocate on the part of the client’s lawyer. The Law Office of David A. Kazen can provide these essential services.