Property Division Appeals

Property Division Appeals Under Texas Law

As per the Texas Family Code, when issuing a divorce decree, a court must divide the parties' estate in a just and fair manner, taking into consideration the rights of both parties and any children born during the marriage. It is important to note that not all property is subject to division in a Texas divorce. The Code specifies that only community property is subject to division, while separate property belongs solely to the spouse who owns it. Assets acquired during the marriage are generally considered community property, while assets obtained before the marriage or through inheritance, gift, or damages from personal injury during the marriage are considered separate property. Parties may also define property as separate through a prenuptial or postnuptial agreement.

Although the Code outlines the guidelines for the division of community property in divorce, judges retain some discretion in their decision-making. If a party feels that a judge's ruling was erroneous, they may file an appeal. To prove that the judge abused their discretion, the appealing party must demonstrate that the ruling was arbitrary, unreasonable, or that the judge failed to consider the appropriate principles or rules. In some cases, a judge's failure to weigh relevant facts or misapplication of the law may also constitute an abuse of discretion.

It is important to note that appellate courts will not overturn a trial court ruling based solely on the sufficiency of the evidence presented at trial. However, they may consider it as part of their overall assessment of whether the trial court abused its discretion. When evaluating the evidence presented, the appellate court will consider it in the light most favorable to the party that did not file the appeal. If the evidence supports the trial court's ruling, the appellate court will consider it sufficient. If it does not, the appellate court may overturn the ruling.

Speak with an Experienced Divorce Attorney

Although judges in divorce cases usually strive to make decisions that align with legal guidelines, they are not infallible, and it may be possible for a wronged party to challenge their ruling by filing an appeal. If you are contemplating an appeal for a property division dispute in your divorce case, it is important to consult with a lawyer without delay. At Wilson Whitaker Rynell, our proficient attorneys possess a deep understanding of the complexities involved in property division appeals, and we can provide you with guidance on the best course of action to obtain a fair 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.