Property Division in a Texas Divorce: It’s Not Just about the Money 1

Any divorce consists of many separations, such as property division – not just a break up of a couple. These days divorce is happening virtually everywhere, and you probably have at least one friend or family member who has gone through it.

For sure, you would have heard issues they’ve experienced regarding property division. Most people typically skip the boring parts and stories such as in cases of peaceful, no-fault divorce cases. Instead, people love to talk about cases wherein the couple completely battled it out at court, cases full of scandals and such.

Therefore, you might have heard of couples getting a divorce and fighting over children and property. These two makes it to the top of the list of the most important subjects in a divorce case.

Children are obviously the most important, but nobody wants to get out of a divorce with nothing save for the clothes on their backs. After all, both spouses have the right to the properties obtained during the divorce.

When you’ve spent almost half of your life listening to these types of stories, and now you are about to go through a divorce, you might feel terrified. Property division can intimidate anyone.

You might wonder how likely you are to walk out of the court with nothing after the divorce is finalized. Will you still able to live a normal life after your entire world felt like it had collapsed during your divorce?

Here are the details that you need to know if you are feeling uneasy about the property division aspect of your divorce.

Nailing Property Negotiations

There are many instances in many divorce cases wherein both parties are fighting to be given all of the property and the children too. If you were given a choice at the time of your divorce, you would probably want either most of the property or at least the primary conservatorship of the children.

There is nothing wrong with wanting to receive more of the property than your spouse, but it’s not a good idea to fight nail and tooth for every single property – down to the last coin.

Even if you don’t want most of the property, there might be some items that you really want to have. You can increase your chances of getting the items you want if you make the necessary preparations with your attorney. First and foremost, let your divorce attorney know what your goals are so that you can work on achieving it together.

Getting What You Want

If you still haven’t filed for a divorce, it would be best if you can create a detailed inventory of your home and the rest of your property. Once you have done this, you can start organizing the stuff that belongs to you and the things that belong to your spouse. If you have already filed for a divorce, don’t worry, it is not too late to do an inventory. Make sure to do this as soon as possible because it is highly likely that your spouse will also be doing the same thing.

Communicate with your spouse and compare your inventories. You might be able to agree on the terms of ownership of the stuff on your inventory. If so, you won’t have to bring your property division to court, which would be best.

Regardless of whether or not you come to an agreement with your spouse, once your list is ready you can let your lawyer know about your list. Then you would be able to set goals and plan on how you’re going to tackle the property division issue.

You need to provide valid reason and even evidence if possible to convince the court that certain properties should be awarded to you, instead of your spouse.

You can also plan whether or not your divorce lawyer should talk and negotiate with the lawyer of your spouse and try to arrive at an agreement regarding property division outside of the court. You will have to make offers and even counter offers with the other party if you were to do so.

While you are in that goal-setting talk, your lawyer can let you know whether your goals are realistic or not. Your lawyer should also be able to tell you what you should expect if the judge were to make the decision for the property division between you and your spouse.

Think About Your Spouse

You know your spouse. You can figure out easily what his or her goals would be in terms of property division – which areas of the property he or she is likely to go for. You can probably tell which items your spouse will get, and the items that he or she wants if you were to battle it out in court. You might also need to think about how their financial status would be after the divorce becomes final because it can be a factor in the property division.

When you have all these information, you would be able to prepare to fight in court if it really becomes necessary. You are the one who knows your spouse best, not your attorney. You are the only person who can help your attorney prepare in this situation.

For sure, you need a divorce lawyer who is skilled and has been encountering issues such as property division in his career. Such a lawyer would help you tame your fears of finalizing the divorce without getting a dime or a single silverware from your marriage. Your lawyer would also help you reach your goals in property division whether you have to settle it in or outside of the court.

Here are some other helpful articles that you might want to read as you continue to prepare for your divorce:

How to Deal with Domestic Violence and Divorce in Texas

Dealing with the New School Year After Your Divorce in Texas

Why You Should Be Careful When Signing Texas Divorce Forms

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at attorney@okohlaw.us