Estate Planning/Property Division

Divorce brings on questions like who gets the house, the car or the furniture? Usually, the longer the marriage lasted, the more property you have to divide during divorce. And, your common debts are also part of property division. Texas laws and courts determine how to divide your property and it’s smart to have a competent, tough and experienced lawyer at your side.

At C.E. Borman & Associates, our lawyers have years of experience handling divorce and can explain what to expect in terms of division of property and assets. First, let’s take a look at some basics.

Texas Is A Community Property State

Some people think that because Texas is a community property state, the judge automatically divides all property 50/50. This is not the case. In a divorce, courts can only divide community property and must divide the property in a manner that is “fair and equitable.” Texas law describes community property as any property that is not separate property. Community property is property you or your spouse acquired or earned during marriage, such as your house, your bank accounts, your income from working, investments, cars, retirement accounts ─ it can be most anything.

Separate property is property that you or your spouse:

  • Acquired prior to marriage
  • Received from an inheritance or as a gift
  • Were awarded through the court, such as a personal injury award (but not damages for lost income because income is community property)
  • You and your spouse can reach an agreement on who gets what and as your attorney, we can draft your agreement into a document that we submit to the court for approval. You can also arrive at an agreement through a negotiated settlement or through mediation. Or, when you simply can’t resolve your differences on how to divide your property, we can go to trial and let the court decide for you.
  • Step-parent adoptions where biological parents don’t want to give up their rights
  • Child abuse or neglect cases where Child Protective Services (CPS) seek to terminate the parents’ rights.

Such situations are referred to as “involuntary termination” cases. When an adoption involves involuntary termination, our attorneys can help you determine whether legal grounds for termination of parental rights exist.

Factors The Court Considers When Determining Property Division

Courts divide property based on what the judge decides is fair. Factors judges weigh when deciding are:

  • Both spouses’ age and health
  • Earning capacity
  • Skills
  • Education levels
  • Business opportunities
  • Primary caregiver for children
  • Amount of separate property each spouse owns
  • Fault grounds for divorce

CONTACT C.E. BORMAN & ASSOCIATESReceive the trusted advocacy you deserve.


    Channa Borman and our team of experienced family law and divorce attorneys provide guidance for families and protect your legal rights and your future.

    • Attorney and Practice Magazine Award for Top 10 Family Law Female Attorney, 2023
    • Law Firm 500 Fastest Growing Law Firms in the U.S., 2022 Honoree
    • The American Association of Attorney Advocates recognizes Channa Borman as a Top Ranking Attorney, 2020-2022
    • Attorney and Practice Magazine Award for TOP 10 Family Law Firm, 2022
    • Channa E. Borman received the Best of the Best Attorneys TOP 10 Family Law Attorney Award for 2020.
    • Channa E. Borman has received the Association of American Trial Lawyers 2019 Top 100 Award (Read Press Release)
    • C.E. Borman & Associates has been selected for the 2014 College Station Best Businesses Award for Divorce & Family Law (Read the Press Release)
    • Channa has been nominated for Best Attorney in the Best of the Brazos Valley campaign for 2010 through 2013
    2023 Family Law Top 10 Female Badge 300
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