When a marriage ends, the emotional toll can be overwhelming. Add to that the complexity of dividing property, and it’s easy to feel lost. In Texas, the rules governing property division can be particularly nuanced, leaving many wondering how their spouse’s actions might impact their share of the marital assets.
The basics of community property
The court divides marital property according to community property laws. This means that both spouses jointly own any property acquired during the marriage, regardless of who earned the income or made the purchase. However, this doesn’t necessarily mean a 50-50 split. The court looks at several factors, including the following:
- Length of the marriage
- Each spouse’s earning capacity
- Custody arrangements for children
- Separate property owned before marriage
Courts may also consider other factors, including health, when determining what constitutes a “just and right” division of assets. It’s important to note that Texas law doesn’t automatically favor one spouse over another based on personal conduct during the marriage.
The impact of divorce on property division
So, what about infidelity? Can a spouse’s unfaithfulness affect their share of the property? The short answer is no, not directly. Texas courts do not consider adultery a factor in property division. The courts’ focus remains on achieving a fair and equitable distribution of property. This is regardless of any wrongdoing by a spouse during the marriage. However, it’s essential to note that the court may consider the impact of infidelity on the marital estate, such as wasted marital assets on an extramarital affair, when determining the division of property.
Property division during divorce can be complex. While a spouse’s infidelity may not directly impact their share of the property, it’s crucial to understand how the court will consider various factors to achieve a fair and just division. If you’re facing a divorce, it may be beneficial to consult with a legal professional who can help guide you through the process, ensure your rights are protected and help you receive the property share you deserve.
