Equitable Distribution

Equitable distribution refers to the impartial division of property and other assets in the event of a divorce. Such property is termed marital property and may include: money, bank accounts, stocks (vested and unvested), real estate, businesses, 401(k) or other retirement accounts, jewelry, vehicles or any other assets of significant value.

Texas Law and Property Division

In Texas, the property subject to division in a divorce is referred to as ''community property.'' To qualify as community property, it must have been acquired jointly or by either spouse during the marriage itself. Property that is acquired before marriage, inherited or received as a gift, comes under separate property and in certain circumstances may be included in community property. In the ''community property'' system, the division of marital assets is determined by weighing many factors. These factors may include:

• Earning potential of the spouses
• Individual property of the spouses
• Contributing value of the homemaker of the family
• Reckless management of marital assets
• Duration of marriage
• Age and physical/mental health of spouses
• Responsibility and care of any children
• Abuse or marital infidelity present in the marriage

The result of the division of marital property is a split of assets that may appear unequal, but which is deemed fair and just by the court based on need and other circumstances. Hence the term ''equitable'' instead of equal.

Bailey & Galyen, Committed to Serve

With issues of property distribution being so confusing, it is best to seek the advice of an experienced attorney who can guide you into a settlement that doesn’t seem unfair. Don’t let property division become your biggest nightmare. Let Bailey & Galyen’s skilled lawyers support you through this difficult time.

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