Establish Communal Assets
We can’t distribute individual assets; however, we can distribute communal ones.
Community property can - depending on your situation - include:
- Each spouse’s individual income
- Each spouse’s employment benefits
- Each spouse’s retirement accounts
- Stock options - no matter when they will vest or have vested
Community property does not include anything owned prior to your marriage, any gifts, or any inheritance that goes solely to one spouse.
Determine the Overall Value of the Communal Property
After we’ve established communal assets, they must be valued. All things that are part of the communal assets are appraised so that an estate value can be determined.
Determine the Proper Division
The standard division in Texas is 50/50. However, some factors can change that distribution.
That division can change if one spouse:
- Has a disability
- Earns significantly more or less than the other
- Has custody (or doesn’t have custody) of the children
