Property Division: What Is Fair And Equitable Property?

James A. Vaught - Family Law - Super Lawyers

About James A. Vaught

Located in Austin, TXVaught Law Firm, P.C.

5929 Balcones Dr, Suite 201
Austin, TX
Phone: 512-342-9980
Fax: 512-610-9980

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Selected To Super Lawyers: 2003 - 2004, 2006, 2011 - 2020
LEIGH DE LA REZA: The division of property in Texas is going to be what's fair and equitable.

JIMMY VAUGHT: And also, some people have the misconception that because it's a community property state, that everything's 50-50. It's not 50-50 automatically, and it's fair and equitable division.

LEIGH DE LA REZA: Fair and equitable means different things depending on the case and on the situation of both parties. In some cases you might have even a disproportionate division of property based on the needs of a spouse, if the spouse is caring for young children or they have a lower earning potential compared to the other spouse. Or there's a number of factors that the court's going to consider.

But the underlying principle is what's fair and equitable. One of the problems that I see a lot of people have when they come in to see us is not understanding the difference between community property and separate property.

JIMMY VAUGHT: And the presumption is everything's community property unless you can prove it's separate property. And separate property generally consists of property that you owned before marriage, gifts during marriage, or essentially inheritance.

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