Real Property in a Denton County Divorce

Real property and personal property are two distinct categories of property.  In a Texas divorce, real property and personal property are addressed differently because each type of property has specific characteristics.

Real property refers to land and anything permanently attached to it, such as homes and buildings, trees, minerals, and water rights.  Sometimes people also use the term “real estate” for houses and buildings but in a divorce decree real property is the term more likely to be used.

Ownership of real property typically involves ownership of the land itself as well as any structures or improvements (houses or buildings) on the land.  Real property rights in a divorce are governed by laws included in the Texas Family Code for marital property and separate property.

In a divorce, when a Texas divorce attorney or divorce decree refers to real property it can include such things as houses, cabins, lake houses, farms, office or warehouse buildings, ranches, pastureland, and other undeveloped acreage.

Personal Property in a Denton County Divorce

Personal property refers to movable objects that are not permanently attached to land or buildings.  In a Texas divorce, personal property encompasses a wide range of items, including personal belongings such as jewelry, electronics, clothing, and intellectual property.

Personal property can be further categorized into tangible personal property (physical items) for example jewelry, photographs, mementos, and intangible personal property (assets that represent value but do not have a physical form) such as digital music, patents, and trademarks.

Personal property can be awarded and transferred in a Texas divorce without as much paperwork as real property.  However, in a Denton County divorce both real property and personal property can be awarded and divided.

In summary, all property that makes up the marital estate must be awarded to one spouse or the other, or some other unique provision for ownership in the decree of divorce.  Both personal property and real property are awarded to a party in the divorce. Some types of property are divided and awarded to divorcing spouses (parties in divorce) in a Denton County divorce.  Have more questions? Contact our office today to schedule a consultation.