Legal Question in Family Law in Texas

Division of property in fault cases

Are there cases in fault cases where the property distribution may not be 50/50


Asked on 3/10/09, 11:12 am

3 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Division of property in fault cases

Based on your zip code, it looks like you are in the Houston area.

I charge $100 to sit down with you and discuss your options for an hour.

713.847.6000

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Answered on 3/10/09, 3:21 pm
Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: Division of property in fault cases

The Texas Family Code does allow a Court to make a disproportionate division of the marital estate based upon a number of factors, of which fault is one such factor. I am a board certified specialist in the field of family law practicing here in the Houston area. I would be glad to discuss your options if you would contact me directly. I offer free consultations.

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Answered on 3/11/09, 12:46 pm
Robert Matlock Robert J. Matlock, P.C.

Re: Division of property in fault cases

Fault grounds for divorce exist - adultery, cruelty, etc. Judges in the larger cities tend to believe that fault grounds alone do not justify a disproportionate division of property; however, in rural areas those facts may carry more weight. Facts related to responsibility for raising children and differences in earning capacities between the parties are readily recognized as reasons for disproportionate divisions of property.

I suggest you retain an attorney to assist in the preparation of the case.

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Answered on 3/10/09, 11:42 am


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