Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Community Property in Texas

ATTORNEYS IN DALLAS

Any property acquired by a couple during their marriage (except for gifts, inheritances, or possessed before marriage) is equally owned by both spouses.

Community Property

When a couple gets married, their property status changes as any property they acquire during the marriage is usually considered community property, owned by both spouses. Property includes real estate, business interests, and bank accounts. When a couple decides to divorce, dividing the community property can be a difficult task for both parties and the court. It is essential to understand the possible financial outcomes of a divorce if you or your spouse plan to end the marriage.

Community Property in Texas

In Texas, property owned by a married couple is classified as either community property or separate property. Separate property encompasses any property owned by either spouse prior to the marriage and property that is specifically identified as separate property in a prenuptial or postnuptial agreement. Moreover, gifts from third parties, inheritances, and damages awarded in personal injury cases are generally considered separate property, except when the damages are meant to compensate for the loss of earning capacity. Gifts between spouses and any income generated from those gifts are also deemed separate property.

In situations where the spouses disagree regarding the nature of an asset, or when an asset involves an intermingling of both separate and community property, it may be necessary to hire a forensic accountant to trace the origins of the asset. If you are facing a divorce, it is important to understand the potential financial implications, and a skilled divorce attorney can help you navigate this complex area of law and work with the appropriate professionals to support your case.

Community Property and Texas Laws

While Texas is a community property state, it does not necessarily mean that community property will be divided equally in a divorce. Instead, the court is required to divide the community property in a manner it deems equitable and just. To achieve this, the court considers several factors, such as each spouse's earning capacity, income, education, and employment prospects. Additionally, the court may assess fault in the demise of the marriage, the health of the spouses and their children, the primary caretaker of the children, and the division of custody if there are children involved. Moreover, if one spouse is obligated to pay spousal support, the court may consider this obligation when dividing assets equitably.

What is Community Property?

Community property broadly refers to any property, including income, interest, and real estate, that is acquired by either spouse after the marriage commences and is not delineated as separate property. Community property is equally owned by each spouse and is subject to division during a divorce. The law presumes that any property obtained during a marriage is community property. Therefore, if either party disputes the nature of an asset, he or she must provide clear and convincing evidence that it is separate property. This is a higher burden of proof than preponderance of the evidence but a lesser burden than beyond a reasonable doubt. Essentially, it means that the evidence must be sufficient to allow the fact-finder to form a firm belief as to the truth of the allegation.

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Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

Speak with an Experienced Divorce Attorney

When it comes to divorce and dividing community property, it can be a complicated and lengthy process. It's recommended that you hire a lawyer who can defend your interests and assets. At Wilson Whitaker Rynell, we have experienced attorneys who can fight for you and help you attain a fair outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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By Leigh Whitaker January 28, 2025
Female Divorce Attorneys in the Dallas-Fort Worth Area In many instances, divorce cases are challenging and emotionally taxing experiences. For this reason, it’s common for people to prefer working with an attorney of the same gender because they feel as though the attorney can empathize and understand their situation more. At the end of the day, the gender of your attorney may not affect the outcome of your case, but it’s important to feel as comfortable as possible while navigating through the process. At Wilson Whitaker Rynell, our experienced female divorce attorneys offer compassionate and empathetic approaches while they develop a comprehensive legal strategy to represent you. Why Should You Choose a Female Divorce Lawyer? There are many reasons why hiring a female divorce attorney can help you throughout your divorce. For one, they often have experience working on issues that disproportionately affect women in divorce such as spousal support (alimony), child custody disputes, and asset division. Additionally, female divorce lawyers offer a unique level of empathy, understanding, and communication. As a result, many clients feel that they are more approachable and compassionate, which is beneficial when dealing with the emotional turmoil of the process. More importantly, female divorce attorneys are more familiar with how the court treats women in divorce cases and use this knowledge to strategically protect their clients’ interests, whether male or female. Why Our Female Divorce Attorneys May be Right for You At Wilson Whitaker Rynell, our female divorce attorneys are skilled, knowledgeable professionals, they also have many years of experience in handling complex divorce cases. Whether it’s issues surrounding custody of children, alimony, or asset division, our female divorce lawyers ensure each client receives high-quality legal advice. Our firm’s female divorce attorneys provide the highest level of personal attention, ensuring that each client’s unique needs and concerns are addressed through every step. Unique Challenges Women Face in Family Law Disputes in Texas Family law disputes can be emotionally charged and legally complex, especially for women navigating the process in Texas. Women often encounter unique challenges due to their roles in the marriage and family dynamic, particularly when it comes to child custody, child support, and the division of marital assets. Child Custody Challenges In many marriages, women take on the primary caregiving role for their children. However, when it comes to custody decisions, courts in Texas prioritize the best interests of the child over parental gender. While this often works in favor of mothers, women may still face hurdles in proving they are better suited to provide the stable environment the child needs, especially if their ex-spouse disputes custody. Factors such as work schedules, living arrangements, and financial stability can come under scrutiny. Child Support Issues While Texas law allows women to seek child support, collecting these payments can sometimes prove difficult. Women awarded child support may find themselves dealing with ex-spouses who delay payments, make partial payments, or refuse to pay altogether. Enforcing child support orders often requires legal intervention, which can add to the emotional and financial strain. Division of Marital Assets In Texas, a community property state, marital assets are typically divided equitably during divorce. Women who are awarded assets such as the family home may face challenges related to maintaining the property, refinancing a mortgage, or covering associated expenses. Additionally, women who sacrificed their careers to support their spouses or raise children may feel disadvantaged during the division of assets if their earning potential is limited compared to their ex-spouse. How Your Divorce Attorney Will Support You Each divorce case is unique, and having an experienced attorney standing by you is vital. Whether you’re dividing assets, negotiating child custody, or managing other complex legal issues, the female divorce attorneys at Wilson Whitaker Rynell are here to protect the interests of you and your family. Our attorneys will take the time to understand your unique circumstances and empower you to make informed decisions that support your career, family and future. When you choose a female divorce attorney from Wilson Whitaker Rynell, you can trust that they will: Prioritize your family’s best interests. Negotiate with integrity, ensuring fairness and transparency. Clearly explain all your options and their potential outcomes. Help you create the future you want by offering trusted legal advice. Use efficient methods to minimize unnecessary costs and keep the process manageable. Navigating family law disputes requires a thorough understanding of Texas family law and strong advocacy. Women facing divorce or other family law issues are encouraged to seek an experienced family law attorney who can provide personalized guidance. A skilled lawyer can help craft a strategy that protects their rights and ensures a fair resolution. This includes representing their interests in court, negotiating settlements, and helping enforce orders such as child support or spousal maintenance.
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