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Property division and other financial issues in a divorce

Texas couples who are getting a divorce should be aware that it is a community property state, and this means that all joint marital assets are supposed to be divided equally. This is only one of several financial issues likely to come up during the process.

Property Division

Equal division does not mean the couple has to divide up everything they own exactly in half or that they have to go to court to decide how property will be divided. Couples are often able to come to an agreement with the help of their respective attorneys, and in some cases, it might involve creative solutions. For example, one of them may keep one piece of property, such as the retirement account, while the other might keep an asset of equal value, such as the marital home. Couples who use this approach should make sure they understand the true value of these assets. For example, the retirement account may be worth less than it appears if taxes must be paid on withdrawal, or there may be costs associated with the home, such as upkeep and utilities.

Other Financial Matters

Debt can be particularly complicated because even if the couple agree that one of them is responsible for the obligation, creditors may pursue the person whose name is on the debt. A better way to balance this might be for one person to take more assets in exchange for also accepting more debt. The divorce may also affect taxes.

Making the Right Financial Decision

People considering a divorce may want to consult both legal and financial professionals to be sure they fully understand their rights and their financial situation. This can help them make the right decisions if they decide to negotiate an agreement for property division rather than having a judge decide.

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