In a Texas divorce case, the division of property follows the principle of community property law, meaning that assets acquired during the marriage are generally considered community property and are subject to equitable distribution between the spouses upon divorce. However, there are certain circumstances where one spouse may make a waste claim against the other.
"Waste" refers to the squandering, misuse, or dissipation of community property assets by one spouse to the detriment of the other spouse's interests. Examples of waste may include excessive spending, an affair, gambling losses, or intentional destruction of property.
If a spouse believes that the other spouse has engaged in waste during the marriage, they can raise a waste claim as part of the divorce proceedings. To prove waste, the claiming spouse typically needs to demonstrate:
1. Evidence of Misconduct: Provide evidence showing that the other spouse engaged in wasteful behavior, such as excessive spending, an affair, gambling, or intentional destruction of property.
2. Dissipation of Assets: Show that the wasteful behavior led to the depletion or reduction of community property assets, thereby diminishing the overall marital estate.
3. Intent: Establish that the wasteful behavior was intentional and not merely the result of normal expenditures or financial mismanagement.
4. Damages: Quantify the financial losses incurred as a result of the waste, which may impact the division of property or result in a monetary award to compensate for the dissipated assets.
It's important to consult with a divorce attorney familiar with Texas law to assess the viability of a waste claim in your specific case and to navigate the legal process effectively. The attorney can provide guidance on gathering evidence, presenting the claim to the court, and advocating for a fair resolution of property division issues in the divorce proceedings.
Please contact us today to determine your options during your divorce case. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677.
Attorney, Ashley Nicole Green is a divorce and child custody attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! Contact the Law Office of A. Green today to schedule consultation!
You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com
The Law Office of A. Green is dedicated to proudly serving clients in Harris, Brazoria, Chambers, Fort Bend, Galveston, and Matagorda County, in the practice of family law, divorce, adoptions, child custody, and child support cases.