Property Division We're In This Together

Property Division Lawyer in Austin

Guiding Divorcing Couples in Travis and Williamson Counties, and Throughout TX

Dividing property during a divorce may seem as if it would be one of the more straightforward elements of the separation. However, valuing everything from pension plans to the family home to the costs associated with obtaining a degree can become complicated and rife with disputes. An experienced Austin property division attorney can help you determine which property is subject to Texas community property laws and how to best protect your rights.

Andrae Law, PLLC has over 35 years of combined experience that we are ready to use to fight for you. Call our property division lawyers at (512) 668-7133 to get started.

Why Choose Andrae Law, PLLC?

Committed to Giving Back
Our firm is involved with giving back to the legal profession and the community.
Board Certified
Amanda Andrae is Board Certified in Family Law by the Texas Board of Legal Specialization.
Experienced Attorneys
Our attorneys have over 40 years of combined legal experience.

Texas Property Division Laws

Texas is a community property state. This means that most property acquired during the marriage is considered joint property and is typically divided equally between the spouses upon divorce.

However, the division of property is not strictly 50/50. While community property laws initially suggest an equal distribution, the court has the discretion to order an unequal division of assets based on the principle of "just and right" division. This means that the court can adjust the division to reflect what it believes is fair under the circumstances, taking into account several important factors.

When dividing property in Texas, courts consider the following factors:

Earning capacities of each spouse
Age and health of each spouse
Financial situation of each spouse
Contributions to the marriage (financial and non-financial)
Fault or misconduct (adultery, cruelty, etc.)
Waste of assets by a spouse
Needs of the children (if applicable)
Debts incurred during the marriage
Length of the marriage
Future financial needs of each spouse
The potential for the future economic stability of each spouse
Whether the property is separate or community property

What is the Difference Between Separate Vs. Community Property in TX?

Texas marital property laws hinge on the concept of community property, meaning that all property or income shared by a couple is divided equitably upon divorce. Keep in mind, “equitable” does not mean “equal”—it simply means a division the court believes to be appropriate under the circumstances and in consideration of many factors. Unless a prenuptial or some other agreement is involved, all possessions acquired during a marriage are subject to this division. However, there are some exceptions that fall into the category of separate property.

Common examples of separate property include:

Gifts
Family heirlooms or inheritance
Belongings from before marriage
Personal injury awards (other than lost wages)

FAQs About Property Division in TX

Can separate property become community property?

Yes, if separate property is "commingled" with community property, it may lose its separate status. For example, if separate funds are used to purchase a home in both spouses’ names, the property may be treated as community property.

What happens to debts in a Texas divorce?

Just like property, debts incurred during the marriage are generally considered community debts and are divided between the spouses. Debts related to separate property usually stay with the spouse who owns the property.

Can a prenuptial or postnuptial agreement affect property division?

Yes, a prenuptial or postnuptial agreement can override the community property laws. These agreements allow spouses to specify how property and assets will be divided in the event of a divorce.

Can I keep my retirement account in a Texas divorce?

If a retirement account was accrued during the marriage, it is considered community property and subject to division. However, the court may allow the spouse not receiving a portion of the retirement account to receive other assets of equal value.

How does fault (like adultery or abuse) affect property division?

Texas is a no-fault divorce state, meaning that a divorce can be granted without proving fault. However, marital misconduct such as adultery or abuse can influence property division. For example, a spouse who is found guilty of misconduct may receive a smaller share of the community property.

Does the length of the marriage affect property division?

Yes, the length of the marriage can influence how property is divided. In general, the longer the marriage, the more likely the court is to award a 50/50 split of the community property. However, the court may still adjust the division based on other factors.

What is considered a fair division of property?

As we mentioned earlier, fair division doesn’t necessarily mean equal; it means a division that the court deems just and right. Factors like earning capacity, age, health, and contributions to the marriage will determine whether an equal or unequal division is warranted.

Can a court award more property to one spouse?

Yes, under the principle of “just and right” division, the court may award more property to one spouse if it believes the division should be unequal based on factors like health, earning capacity, contributions, or fault.

How does the court handle the family home in a divorce?

The family home is considered community property if it was purchased during the marriage. The court may order the sale of the house, or it may award the house to one spouse, often the one who will have primary custody of the children. The non-custodial spouse may receive a different share of property to balance the division.

What happens to businesses in a divorce?

If a business was started or grew during the marriage, it is typically considered community property. The court may order the business to be sold, or one spouse may be awarded ownership of the business, with compensation to the other spouse, potentially in the form of other assets or cash.

How long does it take to divide property in a Texas divorce?

The length of time to divide property depends on the complexity of the assets and whether the spouses can reach an agreement. If the property division is contested, it may take several months or even longer for the court to finalize the division.

Can I dispute a property division in Texas?

Yes, you can appeal a property division if you believe the court's ruling was unfair or incorrect. However, it’s important to note that appeals are complex and may take a significant amount of time. It’s typically advisable to attempt to settle disputes through negotiation or mediation first.

Importance of Experienced Legal Representation in Property Division

Because the majority of people don’t anticipate divorce, it can be challenging to sort which property is owned by the community and which is separate. Our team of Austin property division attorneys has been helping countless individuals and families reach reasonable and equitable division of both large and small estates. Additionally, we have handled many cases involving unusual property, including small, private businesses in which determining value can be a challenge.

To learn more about how our property division attorneys can help you, contact our firm today at (512) 668-7133. We are located in Austin and serve Travis and Williamson counties, and surrounding areas.

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"They were great with communication"
I am very pleased with Andrae Law. I got divorced and had a child custody matter I needed help with and they handled it. They were very direct with what my options were. If I was confused about something they were very good about explaining the process and what had to be done. They were great with communication, via email and phone. I've had attorneys in the past that wouldn't return my call for up to a week, I was very happy that didn't happen with this firm. I feel I definitely got my money's worth. I highly recommend Amanda Andrae & Sally Pretorius with Andrae Law.

Anon
"Perfect amount of understanding and empathy"
Amanda and her team have exhibited the perfect amount of understanding and empathy balanced with sound legal guidance. Amanda was sensitive to my desires in implementing my divorce and setting up visitation for my ex-husband but didn't let me short myself by giving up more than I needed.

Anon
"They are knowledgeable"
Amanda Andrae and J. Riggs make a great team. They are knowledgeable about the law and will ensure you are well taken care of. Do not hesitate to put your trust in them with your family law case.

Clare M.
"Knowledgeable and compassionate"
Amanda is a very knowledgeable and compassionate attorney who expertly guides her clients to fair settlements and, when needed, to very good outcomes in the courtroom.

Anon
"excellent work from J.!"
excellent work from J.!

Madhu S.
"Amanda is the one to call!"
I cannot recommend Amanda Andrae highly enough! From the very beginning, she demonstrated an incredible depth of experience in my child custody matters, guiding me through every step with professionalism and care. They truly took the time to understand my situation with my ex, offering thoughtful advice while always keeping my children’s best interests at heart.
What stood out most was their balance of compassion and strength—providing the support I needed while being firm and strategic when it mattered most. Thanks to their dedication and expertise, I felt confident and well-represented throughout the entire process. If you’re looking for an attorney who genuinely cares but will also fight for you, Amanda is the one to call!

Andrew S.
"This firm has my highest recommendation."
Amanda Andrae is one of my preferred mediators. She WILL settle the case! J. Riggs is one of my preferred attorneys. I know when I recommend him to people that he will do a great job representing them. This firm has my highest recommendation.

Jessica B.
"Great family lawyer"
I hired Amanda Andrae to help me with a child conservator issue. I had orders in place already regarding custody and child support but I needed to change them to sole conservatorship in order to take care of everything for my daughter in the complete absence of her father. I knew that changing orders was very difficult and would be even more so without being able to locate the father to serve him. I had also had a terrible experience with the lawyer who wrote the original orders and felt very uncomfortable undergoing the process again. I researched and chose Amanda and her firm carefully and I am so glad I did. Amanda figured out exactly what needed to be done, inspired confidence and calm in me, and took me through the long process with the exact end result I needed for my daughter's safety and best interests. The new orders are perfect, thoughtfully written to reflect our situation rather than boilerplate, and have already worked wonders. With them, I was able to get my daughter a passport and give her school authority to turn away her father if he tried to come pick her up. I feel immense peace of mind knowing my daughter is safe.

Anon

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