San Antonio Divorce- Child Custody Lawyer Jason Cruz

Are There Assets That Are Not Subject To A 50/50 Split During A Divorce In Texas?


Are there assets that are not subject to a 50-50 split during a divorce in Texas?

Attorney Jason Cruz says: Yes, there are some assets that are not subject to that fifty-fifty split, any assets such as real property that you walked into the marriage with that clearly did not accumulate or come into possession during the marriage are technically not a part of the community estate. If you owned a house or you owned land or you own, I guess, maybe even a particular bank account with a specific sum of money that had already accumulated prior to the marriage then technically those assets are not part of the community estate and therefore, not subject to division at the time of divorce. However, you need to be careful about commingling assets or utilizing community funds to enrich or enhance your own separate property because if you do that then you are subjecting those assets to potentially being a part of the division of the community estate at the time of divorce. This is a very technical and complicated area that not every estate that you see ends up dealing with but it does happen, and it is one of those things that can become very complicated and technical when they do occur.

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