Navigating a Divorce Without Splitting Assets: Is It Possible in Texas?

A divorce is one of the hardest things you might ever do. It is no secret that property division contributes to the challenges of divorce, nor that one spouse might be more attached to a particular property. Naturally, many spouses wonder: Can you divorce without splitting assets? You can in specific, rare circumstances. 

 

Family lawyers Erik and Diana Larson of the Larson Law Office can help with your divorce needs through our tailored, honest services. When you reach out, we can help you understand whether you will likely be able to get divorced without splitting assets. Regardless of the answer, we can guide you through the divorce process and fight to help you keep the property most important to you.

Can You Divorce Without Splitting Assets in Texas?

Asset division is the norm in divorce. You typically divide assets based on how property ownership works for married couples, the lack of prevalence of premarital or marital agreements, and what the law says about how courts should divide assets in a divorce.

Separate and Community Property

Under Texas law, the property that either spouse acquires after the date of marriage is community property—unless it is separate property. Separate property includes properties that:

• Each spouse owned before the marriage;
• A spouse acquired through gift, inheritance, or a will; and
• A spouse recovered from a personal injury during the marriage.

It can also include property the spouses agree to treat as separate, typically described in a premarital or marital agreement that both spouses sign.

Shared Liabilities

Generally, you are not liable for your spouse’s actions. However, you can share liability if you act as your spouse’s agent or incur debt for necessities. 

You are generally your spouse’s agent only if you act on their behalf and both spouses know about and support the actions.

Otherwise, you can incur shared debts for the necessities required to meet your duty to support your spouse, which can include costs related to:

• Food,
• Shelter,
• Healthcare, and
• Clothing.

Other items may be necessities, depending on the circumstances.

Premarital and Marital Agreements

If you have a premarital or marital agreement addressing property ownership, you can typically follow it. A spouse can invalidate an agreement if they did not sign voluntarily, or the agreement is unconscionable and the spouse did not:

• Receive adequate information about the other spouse’s assets or liabilities;
• Waive their right to such information; and
• Have or could not reasonably acquire such information.

An unconscionable agreement is so unfair that enforcing it would be unjust.

Asset Division Under Texas Law

When tasked with divorce-related property division, courts divide community property in a way the court considers “just and right.” Courts evaluate what is just and right by considering many factors, like:

• The marriage’s length;
• The spouses’ separate property, earning capacity, contributions to the other spouse’s earning capacity, and contributions to the marriage;
• One spouse’s misconduct or attempts to conceal assets;
• Who acquired and who benefited from community debts;
• Needs of any minor children;
• Special circumstances of either spouse or any children, including disabilities or other health conditions;
• Tax consequences; and
• Improvements a spouse made to the other’s separate property.

If you and your spouse propose a property agreement, the court usually approves it. Although rare, the court may reject an agreement it concludes is not just and right, even if both spouses express their support. 

When Can You Get a Divorce Without Splitting Assets?

So, the question remains: Can you divorce without splitting assets? You can—if you have no community property or one spouse keeps all community property. These situations might occur if an agreement defines your property as separate, special circumstances apply, or you negotiate them. 

Premarital and Marital Agreements

It may be unlikely that you are reading this article if you already have a prenuptial agreement. If you do, following it may allow you to avoid splitting assets.

You can also create an agreement converting community property into separate property at any time in a marriage, even just before initiating the divorce process. It may be more efficient to negotiate asset division as part of the divorce at that stage, though. 

Special Circumstances

In special circumstances, it might be right and just for all community property to go to one spouse. This may be true if, for example:

• The community estate is relatively small;
• The disparity between each spouse’s earning capacity, contributions to the other’s earning capacity, or contributions to the marriage is notably stark; or
• One spouse wasted or misused as much of the community estate as they would be entitled to.

Specific facts make all the difference in such situations.

Negotiating a Divorce Agreement

Depending on your unique situation, negotiation might result in each spouse keeping their separate property and one spouse maintaining all community property. This process may involve, for example, the spouse who keeps the assets agreeing to pay spousal support for several years. Even if you do not reach terms where you avoid splitting assets entirely, you can often negotiate a division that works for both spouses.  

Keeping Your Assets in a Divorce

Although divorce without splitting assets is possible, whether you can do it often depends on the past or the existence of specific facts. Even if your marriage does not fit, through negotiation, each spouse can walk away with the assets they value most. The Larson Law Office can give you an honest, informed opinion on the likelihood of divorce without splitting assets and, regardless of the answer, help navigate the divorce process.

 

Contact us today for a free consultation.