Can You Get a Divorce Without Splitting Assets in Texas?

When you’re considering a divorce in Texas, one of the biggest concerns is often how your assets will be divided. Will you have to split everything down the middle? Can you keep what’s yours and leave with what you brought into the marriage? Is it possible to get a divorce without dividing your property at all?

These are common questions, and the answers can have a significant impact on your financial future. In this post, we’ll explore whether it’s possible to get a divorce in Texas without splitting your assets and what you need to know about the state’s property division laws.

Texas is a Community Property State

First, it’s important to understand that Texas is a community property state. This means that, with a few exceptions, all assets acquired by either spouse during the marriage are considered community property and are subject to division in a divorce.

The key word here is “acquired.” If you owned something before you got married, or if you inherited or received it as a gift during the marriage, it may be considered your separate property and not subject to division.

However, if the value of your separate property increased during the marriage due to the efforts or contributions of either spouse, that increase in value may be considered community property.

The Court Divides Property Based on What is “Just and Right”

When a couple divorces in Texas, the court is tasked with dividing their community property in a manner that is “just and right.” This standard, outlined in Section 7.001 of the Texas Family Code, takes into account the rights of both spouses and the needs of any children involved. Contrary to popular belief, a “just and right” division does not automatically mean a 50/50 split of the marital assets.

Texas law starts with the presumption that all property acquired by either spouse during the marriage is community property and, therefore, subject to division in a divorce. This presumption applies to a wide range of assets, including:

• Real estate
• Vehicles
• Retirement accounts
• Investments
• Furniture
• And even livestock

If you want to claim that a particular asset is your separate property and should not be divided, you bear the burden of proving that claim with clear and convincing evidence, which can be a high bar to meet.

While the court begins with the general principle that community property should be divided equally, it has the discretion to order an unequal division if it determines that such a split would be more just and right under the circumstances. Some factors that may influence the court’s decision include:

• Each spouse’s earning capacity and income
• The age, health, and physical condition of each spouse
• Which parent will have primary custody of any minor children
• The value of each spouse’s separate property
• Whether either spouse’s misconduct, such as adultery or cruelty, contributed to the breakdown of the marriage

Convincing a judge to deviate substantially from a 50/50 division of community property can be challenging. It requires presenting compelling evidence and arguments demonstrating why an unequal split is necessary to achieve a truly equitable outcome.

Can You Agree Not to Split Assets in a Texas Divorce?

So, is it possible to bypass the community property laws and get a divorce in Texas without dividing your assets? In some cases, yes – but it requires agreement from both spouses.

If you and your spouse can reach a consensus on how to divide your property (or not divide it at all), you can enter into a written agreement setting out the terms of your settlement. This is often done through mediation or collaborative divorce, where both spouses work with neutral professionals to negotiate a mutually acceptable resolution.

As long as your agreement is in writing, signed by both parties and approved by the court, it can override the default community property laws. This means you and your spouse can decide to:

• Keep your assets separate and walk away with what you brought into the marriage
• Divide your property unequally, with one spouse taking a larger share than the other
• Agree not to divide certain assets at all, such as a family business or investment property

However, it’s important to note that the court will still review your agreement to ensure it’s fair and equitable. If the judge believes the terms are unconscionable or one spouse was coerced into signing, they may reject the agreement and order a different division of property.

What if You Can’t Agree?

If you and your spouse can’t reach an agreement on how to divide your assets, the court will have to make the decision for you. In this case, the judge will follow Texas community property laws and divide the marital assets in a manner that is “just and right.”

This is where having an experienced divorce attorney on your side can make all the difference. Your lawyer can help you:

• Identify and valuate all separate and community property
• Gather evidence to support your claims for an unequal division, if appropriate
• Negotiate with your spouse’s attorney to try to reach a fair settlement
• Present your case to the judge and argue for a property division that protects your interests

At the Law Office of Aimee Stritchko, we’ve helped countless clients navigate complex property issues in their Texas divorces. We understand the challenges of dividing assets fairly, and we know how to build compelling cases for our clients in settlement negotiations and in court.

Protecting Your Assets in a Texas Divorce

If you’re considering a divorce in Texas and you’re worried about how your assets will be divided, it’s essential to seek legal guidance as soon as possible. The earlier you start planning and preparing, the better your chances of achieving a favorable outcome.

At the Law Office of Aimee Stritchko, we offer personalized legal strategies tailored to your circumstances and goals. Whether you’re hoping to reach an agreement with your spouse outside of court or you need a strong advocate to fight for your rights at trial, we’re here to help.

Some steps you can take to protect your assets in a Texas divorce include:

1. Gathering financial documents and identifying all separate and community property
2. Getting valuations of significant assets like real estate, businesses, and retirement accounts
3. Being honest and transparent about your finances to avoid accusations of hiding assets
4. Considering mediation or collaborative divorce to maintain more control over the outcome
5. Working with an experienced divorce attorney who can advise you on your rights and options

Schedule a Consultation with a Kemah, TX Property Division Attorney Today

If you’re facing a divorce in Texas and have questions about asset division, don’t wait to get legal advice. Contact the Law Office of Aimee Stritchko today to schedule a consultation with one of our knowledgeable divorce attorneys.

We’ll listen to you, explain the law, and help you understand your options for protecting your property and financial future. Together, we’ll develop a strategy designed to achieve your goals and set you up for success after your divorce.

Don’t let uncertainty about asset division hold you back from pursuing the fresh start you deserve. Call our Kemah, TX property division lawyers today to learn how we can help you move forward with confidence.