Can you divorce without splitting assets? Dividing property can be one of the most contentious parts of divorce. So many wonder, Can I divorce without splitting assets? And if so, under what conditions will this work? The answer is yes; you can divorce without splitting assets if you can negotiate an agreement with your spouse.

For assistance with the negotiation process, contact The Larson Law Office. Our lawyers can help you identify what you want from your divorce and design a strategy to help you get it. We provide every client with our direct, honest legal advice and services. We can guide you through the divorce process.

What Is Community Property?

If you are not married, your property is typically yours alone. After you marry, your property is either separate property or community property. You continue to own separate property individually, but the spouses share community property. Your cumulative community property is called your marital estate.

In context, property can be almost anything you own, like:

Income,
Real estate,
Intellectual property,
Business interests,
Bank accounts, and
Retirement benefits.

Generally, separate property includes assets you:

Owned before marriage,
Inherited,
Received as a gift, or
Recovered from a personal injury lawsuit.

Community property is all the property you acquire during the marriage that is not separate property. Along with sharing property, you generally share debts you incurred during the marriage if the debt was related to supporting your spouse.

How Do You Divide Property in a Divorce?

When you divorce in Texas, you generally need a court order dividing the marital estate. Courts must divide your property in a just and right way, accounting for each spouse’s rights and the care of any shared children.

Just and Right

When a court decides whether property division is just and right, it considers factors like:

The length of the marriage,
Each spouse’s earning capacity,
Each spouse’s contributions to the marital estate,
Needs of any minor children, and
Tax consequences.

Although courts frequently divide property equally, a court may order an unequal division.

Spousal Agreements

If you and your spouse mutually consent on how to divide your property, you can file a written agreement with the court. Reaching an agreement is easier with the help of an attorney, particularly if you are unsure of what constitutes a fair split. The court will usually approve a jointly proposed agreement—unless it concludes the agreement is not just and right.

Can I Divorce Without Splitting Assets?

So, by law, you can divorce without splitting assets if you and your spouse come to an agreement that is just and right. Reaching an agreement typically requires negotiation, but the form of this negotiation can vary.

How to Approach Negotiations

How you should approach negotiations depends on the situation between you and your spouse as well as the contents of your marital estate. Before you go to the negotiating table, consider how factors like the following might affect your asset allocation:

The value and origin of each spouse’s debts,
Each spouse’s work and educational history,
Each spouse’s earning potential,
Each spouse’s efforts toward acquiring or maintaining certain assets,
Each spouse’s separate property,
The length of the marriage,
The needs of any children of either spouse, and
The desires of each spouse.

Also, how you and your spouse have managed your marital assets can affect your ability to avoid splitting assets. For example, if you and your spouse only use a joint bank account, you may struggle to walk away with cash on hand without splitting the account.

Negotiating the Agreement

If you and your spouse are on good terms and have a relatively uncomplicated marital estate, you may agree directly. If you have a more complicated estate or relationship, or if you struggle to communicate with each other effectively, you may need to negotiate through your lawyers or attend mediation.

Typically, you can attend two types of alternative dispute resolution: mediation or arbitration. Mediation is a collaborative conversation led by a neutral third party. In mediation, you work with the mediator, your spouse, and your lawyers to work out a compromise and reach a mutually acceptable resolution.

When you work with your spouse to create an agreement that avoids splitting assets, you can make almost any terms that work for both of you. You may, for example:

Offer one entire large asset in exchange for several smaller assets,
Agree to keep the assets you came into the marriage with, or
Promise to pay spousal support in exchange for certain assets.

Once you have the terms, create a written agreement to take to the court. The final step is for the judge to sign off on the agreement and incorporate it into your final divorce decree. Spouses who attempt to do this without the help of a lawyer may find themselves heading back to the negotiating table if the court refuses to sign off on an agreement that is not just. So the value of having professional guidance cannot be overstated.

Call The Larson Law Office

Although courts rarely reject property agreements spouses jointly propose, the law should guide your agreement. We know the law and can guide negotiations so you end up with an agreement the judge will approve. Proper negotiation generally requires understanding what each spouse is entitled to so that each knows what they are giving up and what they are getting. If you need help creating an agreement dividing property without splitting assets in a divorce, contact us today.

Can You Divorce Without Splitting Assets in Texas?