Jointly Titled Personal Property in Texas
ATTORNEYS IN DALLAS
Dealing with Jointly Titled Personal Property in Divorce
Jointly Titled Personal Property
It is common for married couples to jointly own property, including homes, office buildings, and other real estate, as well as personal property such as cars, boats, art, and other assets. Therefore, if a couple who shares ownership of a possession decides to divorce, they may dispute who has the rightful claim to any jointly titled personal assets and may need to seek court intervention to resolve the matter.
Property Ownership Under Texas Law
Texas is among the few states that consider property acquired by either spouse during a marriage as community property, subject to certain exceptions. Separate property, assets obtained through descent, devise, or gift, or those owned by either spouse before marriage are typically considered separate property. A party disputing that an asset is community property must provide clear and convincing evidence to prove its separate property nature.
In a divorce, the Texas Family Code treats both real and personal property equally, meaning that assets such as real estate, cars, art, and even pets may be considered community property. If an asset is in the name of both spouses, it is generally considered community property, and it can be challenging for either spouse to establish otherwise.
Dealing with Jointly Titled Property in a Divorce
According to Texas law, all community property is subject to division in a way that the judge deems just and fair. It does not have to be divided equally. In making a decision, the judge will typically consider factors such as each spouse's separate assets and income, earning potential, education, and the length of the marriage.
With regard to personal property, such as furniture, artwork, and jewelry, it cannot be split between two people. Therefore, in situations where a couple jointly owns an asset, a judge may award the asset to one spouse. In some cases, the judge may deem it appropriate to grant the other spouse a greater share of other property to compensate for the loss of the jointly owned asset's value. Alternatively, a judge may choose to order the sale of the property and divide the proceeds between the parties. Whether jointly titled personal property is divided or awarded to one spouse, it is crucial that it is valued accurately. Thus, it is advisable to obtain an independent appraisal to determine the value of a jointly titled asset.
Sometimes, jointly titled personal property may come with debt, such as a car payment. Since jointly owned property is usually considered community property, the debt associated with it will most likely be deemed community debt. As a result, the judge will need to take into account the amount of debt owed on the asset when determining its value and how it should be divided
Speak with an Experienced Divorce Attorney
Dividing assets in a divorce can be a complex and time-consuming task, but it is crucial for individuals seeking to end their marriage to be aware of their rights in terms of property distribution. If you are considering divorce, the attorneys at Wilson Whitaker Rynell can provide you with essential information regarding your choices and support you in achieving a just and expedient 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.
- Divorce and Winning the Marital Residence
- Dividing Stocks & Bonds in Texas Divorce
- Divorce During Pregnancy
- Divorce for the Professional Athlete
- Divorce for Business Partners
- Domestic Violence and Texas Divorce
- Egregious Conduct and Equitable Distribution
- Evidence in Fault Divorces
- Evidence in High Net Worth Divorce Clients
- Expert Witness Testimony in Divorces
- Financial Disclosures in Divorce
- Fraudulent Transfers of Property
- Hidden Assets by Spouse in Divorce
- High Net Worth and Client Defense
- Informal Marriage in Texas Divorce
- Insurance Plans in Texas Divorce
- Intellectual Property in Divorce
- International Divorce and Legal Rights
- Interspousal Gifts and Divorce
- Jointly Titled Personal Property
- Just And Right Property Division
- Marital Assets
- Marital Debts After Divorce
- Military Divorce in Texas
- Mixed Property in Property Disputes
- Modification of Spousal Support in Texas
- Modifying Marital Property Agreements
- Motions in Divorce Proceedings
- Oil And Mineral Rights in Divorce
- Partition or Exchange Agreements
- Divorce and the Mediation Process
- Process of Filing for Divorce in Texas
- Property Division and Distribution
- Property Division and Appeals
- Property Settlements in Divorce
- Proving Marital Property Agreements
- Rehabilitative Spousal Maintenance
- Same Sex Divorce
- Separate and Community Property
- Separation Agreements
- Social Media Use in Divorce
- Social Security Benefits in Divorce
- Spousal Maintenance in Texas
- Spousal Support Violations in Texas
- Tax Planning in Divorce
- Termination of Spousal Maintenance
- Timing of Divorce in Texas
- Trust Assets in Texas Divorces
- Trusts In Divorce
- Uncontested Divorce in Texas
- Undisclosed Assets after Divorce
- Voiding a Marriage in Texas
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.
CLIENT MATTERS
5,000+
YEARS OF SERVICE
25+
Award Winning
Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.
Expert Team
Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you.
Quality Representation
