Galveston County property division lawyer Lacey Richmond (https://www.richmondpllc.com/is-texas-a-community-property-state/), of Richmond Law Firm, PLLC, recently published an article on Texas community property laws and how courts handle the division of assets in a divorce. Texas follows a community property system, meaning that most assets and debts acquired during a marriage are considered jointly owned by both spouses unless proven otherwise. In the article, Richmond explains the key principles of this system and the factors that influence how property is divided, helping individuals understand their rights and prepare for the financial impact of divorce.
Dividing property in a divorce can be complex, particularly when distinguishing between community and separate property. Galveston County property division lawyer Lacey Richmond highlights that, under Texas Family Code Sec. 3.002, any income earned or property purchased during the marriage is presumed to be community property. Even if only one spouse’s name appears on a title or account, the asset is considered shared unless there is clear evidence to prove otherwise. This can include wages, real estate, vehicles, and even debts acquired during the marriage.
Galveston County property division lawyer Lacey Richmond notes that Texas law allows courts to divide property in a way that is “just and right” rather than strictly equal. Judges consider multiple factors when determining a fair division, including the length of the marriage, each spouse’s earning capacity, and whether one spouse is primarily responsible for the care of children.
One of the most significant aspects of property division in Texas is the distinction between community and separate property. According to Lacey Richmond, separate property includes any assets acquired before the marriage, inheritances, gifts, and personal injury settlements excluding compensation for lost wages or medical expenses. However, proving that an asset is separate property requires clear and convincing evidence, such as bank records, property deeds, or inheritance documents.
When separate property and community property become mixed together, it can be difficult to determine ownership. Lacey Richmond explains that if separate property is commingled with community assets and cannot be traced back to its original source, courts may classify it as community property.
This is particularly relevant when dealing with financial accounts, investments, or real estate where separate funds may have been used to pay for jointly held assets. Without proper documentation, an individual may lose the ability to claim certain assets as separate property.
Lacey Richmond states that courts often take into account each spouse’s earning capacity and future financial needs. A spouse with a significantly lower income may receive a larger share of the marital property to help ensure financial stability. Custody of children is another key factor, as courts may award a greater portion of the assets to the spouse with primary custody to provide stability for the children.
Health and age also influence property division decisions. An older spouse with limited job opportunities or significant medical expenses may receive a larger share of the community property. Additionally, while Texas allows for no-fault divorces, courts may consider marital misconduct such as adultery, abuse, or fraud when dividing assets.
Dividing marital debt is another crucial aspect of the property division process. Lacey Richmond explains that, just like assets, debts acquired during the marriage are generally considered community obligations. This means that both spouses may be responsible for paying off loans, credit card balances, and other financial obligations, even if only one spouse’s name is on the account.
Certain debts may be classified as separate debt, such as loans taken out before the marriage or obligations tied to separate property. Courts will evaluate each case individually to determine a fair distribution of financial responsibilities.
One of the biggest concerns in debt division is joint liability. If a divorce decree assigns a debt to one spouse but both names remain on the loan, creditors may still pursue either spouse for payment if the responsible party fails to pay. To avoid financial complications, Lacey Richmond advises individuals to address debt division carefully and, when possible, work toward refinancing or closing joint accounts.
A common issue in Texas divorces is the mixing of separate and community property, also known as commingling. Lacey Richmond explains that when separate property funds are used for joint expenses, or when community funds are used to improve separate property, disputes can arise over ownership and reimbursement claims.
In cases where assets have been commingled, proper documentation is key. Lacey Richmond states that without sufficient evidence, courts will presume that the property is community and divide it accordingly.
Handling property division in a Texas divorce can be overwhelming, particularly for those unfamiliar with the complex aspects of community property laws. Lacey Richmond advises individuals going through a divorce to gather financial records, identify separate assets, and seek professional legal guidance to pursue a fair outcome.
About Richmond Law Firm, PLLC:
Richmond Law Firm, PLLC is dedicated to providing legal guidance to individuals in Galveston County facing divorce and property division challenges. Led by Lacey Richmond, the firm is committed to helping ensure that clients understand their rights and receive fair treatment under Texas law.
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Media ContactCompany Name: Richmond Law Firm, PLLCContact Person: Lacey RichmondEmail: Send EmailPhone: (281) 992-1600Address:211 E Parkwood Dr UNIT 201 City: FriendswoodState: Texas 77546Country: United StatesWebsite: https://www.richmondpllc.com/
