Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Jointly Titled Personal Property in Texas

ATTORNEYS IN DALLAS

Dealing with Jointly Titled Personal Property in Divorce

Jointly Titled Personal Property

It is common for married couples to jointly own property, including homes, office buildings, and other real estate, as well as personal property such as cars, boats, art, and other assets. Therefore, if a couple who shares ownership of a possession decides to divorce, they may dispute who has the rightful claim to any jointly titled personal assets and may need to seek court intervention to resolve the matter.

Property Ownership Under Texas Law

Texas is among the few states that consider property acquired by either spouse during a marriage as community property, subject to certain exceptions. Separate property, assets obtained through descent, devise, or gift, or those owned by either spouse before marriage are typically considered separate property. A party disputing that an asset is community property must provide clear and convincing evidence to prove its separate property nature.

In a divorce, the Texas Family Code treats both real and personal property equally, meaning that assets such as real estate, cars, art, and even pets may be considered community property. If an asset is in the name of both spouses, it is generally considered community property, and it can be challenging for either spouse to establish otherwise.

Dealing with Jointly Titled Property in a Divorce

According to Texas law, all community property is subject to division in a way that the judge deems just and fair. It does not have to be divided equally. In making a decision, the judge will typically consider factors such as each spouse's separate assets and income, earning potential, education, and the length of the marriage.

With regard to personal property, such as furniture, artwork, and jewelry, it cannot be split between two people. Therefore, in situations where a couple jointly owns an asset, a judge may award the asset to one spouse. In some cases, the judge may deem it appropriate to grant the other spouse a greater share of other property to compensate for the loss of the jointly owned asset's value. Alternatively, a judge may choose to order the sale of the property and divide the proceeds between the parties. Whether jointly titled personal property is divided or awarded to one spouse, it is crucial that it is valued accurately. Thus, it is advisable to obtain an independent appraisal to determine the value of a jointly titled asset.

Sometimes, jointly titled personal property may come with debt, such as a car payment. Since jointly owned property is usually considered community property, the debt associated with it will most likely be deemed community debt. As a result, the judge will need to take into account the amount of debt owed on the asset when determining its value and how it should be divided

Speak with an Experienced Divorce Attorney

Dividing assets in a divorce can be a complex and time-consuming task, but it is crucial for individuals seeking to end their marriage to be aware of their rights in terms of property distribution. If you are considering divorce, the attorneys at Wilson Whitaker Rynell can provide you with essential information regarding your choices and support you in achieving a just and expedient outcome. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

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A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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