Divorce In Texas – Real Property And Personal Property

Flower Mound | Lewisville | Highland Village | Denton County

What Is The Difference Between Real And Personal Property?

In a Denton County divorce, the marital property or marital estate (community property) consisting of real property and personal property is divided between the spouses and awarded to each person (party in the divorce).

Amie Peace

Over 20 Years of Legal Experience

Rated Super Lawyer 9 Times

Featured In Texas Monthly Magazine

So, What Is the Difference?

Flower Mound | Lewisville | Highland Village | Denton County

My divorce decree has sections for real property and personal property. What’s the difference between real property and personal property in a Denton County divorce?

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.

Amie S. Peace
Rated by Super Lawyers

loading ...
Amie S. Peace
Rated by Super Lawyers

loading ...

Call Us When It’s Convenient

We can get started today. Call us to schedule a phone, or in office consultation.

“We care about each and every one of our clients and the legal issues they bring to us for assistance with. Whether you need help and guidance with a divorce or family law issue, modifying custody orders, establishing an estate plan, or probate issue, we will treat you and your case with the respect and the priority it deserves.”

Amie Peace

Founder of Peace & Associates, PLLC

Send Us A Message

By submitting my data I agree to be contacted