The US Supreme Court ruling of June 26th, 2015 recognized same-sex marriages across the country. This effectively also means that Texas family courts are allowed to grant same-sex divorces and deal with all related matters such as property division the same way as in the case of opposite-sex divorces.
If you are wondering if you can now get an Austin same sex divorce or same sex divorce in Texas, yes. Texas recognizes same-sex divorce. Texas divorce judges are allowed to grant same-sex marriage licenses, perform same-sex marriages, and grant same sex divorces. Since June of 2015, Austin same-sex divorce and same-sex divorce in Texas is legal.
Although the basic issues in a same-sex divorce in Austin are no different from what a straight couple who is seeking a divorce, property division in Texas is a complex matter and you should seek legal advice from an experienced Texas same-sex divorce attorney near you.
In this Guide
Rules of Community Property Apply to Same-Sex Divorce in Texas
Texas is a community property state. Therefore, any property that is acquired during the course of the marriage will be considered as belonging to both spouses.
At the time of divorce, the community property will be divided as per court order by a property division lawyer. Texas law presumes that all community property belongs to both spouses equally, irrespective of who bought it, and irrespective of which spouse has more separate property of their own.
As the laws applicable to opposite-sex marriage are now also valid for same marriages in Texas, it can be inferred that the laws of property division in a same-sex divorce in Austin would also apply in the same manner across the board.
How your assets, property, and debts would be divided upon divorce as a partner in a same-sex marriage is no different from a situation where a couple splits property in a “traditional” marriage in Texas. Division of property can get tricky in any divorce, so contact an attorney who specializes in same sex divorce in Texas.
Income, Assets, and Debts Division In Same Sex Divorce in Texas
Any income that you may have earned during the course of your same-sex marriage would be treated as belonging to the community estate and would be divided upon divorce. The law will take into account your salary or wages earned as well as any income generated through retirement assets or other investments as part of your income during a same-sex marriage.
If during the course of your same-sex marriage, you and your spouse bought a house that built-up home equity over the years, then that equity amount will also be divided at the time of your same-sex divorce in Austin. Similarly, if either spouse incurred any debts during the marriage, they would be divided before your same-sex divorce is finalized. Eric Willie is a top-rated lawyer for Austin same-sex divorce. Contact him today to get back on your feet.
How to Divide Community Property in an Austin Same-Sex Divorce?
Under Texas law, the community property belonging to Texas divorcing couples must be divided in a “just and right” manner. This means that the division must be “equitable” and not necessarily “equal”. In a same-sex divorce in Austin, the court could consider various circumstances to determine an “equitable” division. These may include:
- Difference in the earning capacity of the spouses
- Attribution of fault for the dissolution of the marriage
- Health condition of each spouse
- Which spouse gets the child custody (which may be an adopted child in case of a same-sex couple)
- Education level and future employability of each spouse
Contact a Knowledgeable Texas Same-Sex Divorce Lawyer Near You
Eric M. Willie, P.C. is a top-rated family law attorney in the Austin area. He is not only competent and compassionate to his clients, but he will also treat you like a part of the family: with the respect, honesty, and fairness that you deserve. To make an appointment with us for your Texas same-sex property division or other divorce matters, call us at 512-478-0834 or complete our online contact form.
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