Remember the game “Telephone?” You whisper a phrase into someone’s ear and they whisper it to the next person and so on. The last person announces the phrase and it is never even close to the original!* We often see this relating to divorce law. Somewhere along the line, the law mutates into a myth.
One myth we often hear is that property is split 50-50 in a divorce because Texas is a community property state. Community property means almost all property acquired during a marriage belongs to the couple and is divided upon divorce. An even split is not required, though, and often not possible or realistic. The law requires instead that the property division is “just and right.”
If a couple can’t agree how to fairly divide the marital assets, this is the standard a judge will use. In most cases, your attorney negotiates the property division using the “just and right” standard as a guide.
Make sure you have lawyers that fight to get what is just and right for your family. Call us or schedule an appointment to see if we can help.
*Maybe the 21st-century version of Telephone would be Textaphone – I’ll text you a message and you retype and send it to the next person, and so on. Someone should give it a try!
Photo by Alexander Andrews on Unsplash