In Texas, the law mandates that couples seeking to legally terminate their marriage must reveal all their assets to the courts. This disclosure helps ensure a fair distribution of community property. Once a final judgment is issued in divorce proceedings, it is usually not possible for either party to dispute the division of marital assets and debts. However, there are some exceptions, such as cases where one party discovers undisclosed assets after the divorce.
Under Texas divorce laws, any property obtained by either spouse during the marriage is considered community property and is subject to division according to what the trial court deems fair and reasonable in a divorce settlement. There are a few exceptions to this rule, such as property obtained through gift, inheritance, or a prenuptial or post-marital agreement that expressly deems it separate property, and damages awarded in a personal injury lawsuit that don't represent lost wages. In most cases, the courts will divide all community property in the final divorce decree. However, in some instances, one party may fail to disclose community assets that are later discovered by the other party after the divorce is finalized.
Regardless of whether the nondisclosure of community property was intentional or unintentional, the party who was unaware of the undisclosed assets has legal rights. Notably, the failure to identify or divide property in a divorce decree doesn't affect either party's ownership interests, and both spouses are usually considered joint owners of any undivided property. If the former spouses maintain a good relationship, they may be able to come to an agreement on how to divide the property without involving the courts. However, in many cases, they may not reach an agreement. In such instances, the Texas Family Code permits either party to file a suit for post-dissolution partition.
In Texas, if a party wishes to seek relief in a post-dissolution partition proceeding, they should file a suit in the same court that issued the final decree of divorce. Similar to the division of community property in a divorce, the court can take into account various factors such as fault, the parties' assets and needs, and other relevant considerations when determining how to divide the property. Assets that may be divisible after a divorce includes income, vehicles, personal and real property, tax refunds, and retirement funds.
It is important to note that only community property that existed at the time of the divorce and was not identified in the final divorce decree can be subject to division in a post-dissolution partition proceeding. In other words, the parties cannot file partition actions to modify the court's property division in the underlying divorce.
If a party suspects that their former spouse concealed community property before the divorce, they must act quickly. The Texas Family Code requires that they file a partition action within two years from the time their ex-spouse denies their right to the property.
Discovering undisclosed assets after a divorce can be a distressing situation for the affected party, but fortunately, Texas law provides relief to those who find community property that was not disclosed in their divorce decree. The attorneys at Wilson Whitaker Rynell are skilled in achieving favorable outcomes in divorce cases where certain assets were not disclosed until after the divorce was finalized. 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.
Getting in touch is easy. Use the form below and request a free consultation today.
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.
Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.
Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you.
Let's talk about your legal issue
Wilson Legal Group P.C.
d/b/a Wilson Whitaker Rynell
(972) 248-8080 (Dallas) MAIN OFFICE
(713) 830-2207 (Houston) Appointment Only
(512) 691-4100 (Austin) Appointment Only
For more information on how we can assist in your intellectual property, commercial litigation, divorce, or other personal needs, let us know how we can help you:
WILSON WHITAKER RYNELL
Thank You for Contacting Us!
Your information has been sent, and we will contact you shorlty...issues.
WILSON WHITAKER RYNELL
Oops, there was an error sending your message.
Please try again later.
Disclaimer:
This form does not establish an attorney-client relationship, and should only be used to contact the firm about scheduling a call or meeting. No confidential or sensitive information should be sent using this form.
We represent clients nationwide, including Dallas, Austin, Houston, and other Texas areas such as Fort Worth, Arlington, Carrollton, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
Wilson Whitaker Rynell
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
972-248-8080 (MAIN)
972-248-8088 (FAX)
info@wrrlegal.com (E-MAIL)