Can I Appeal the Property Division in My Texas Divorce?

 Posted on September 09, 2024 in Divorce

The way a couple’s property is divided in a divorce can have a serious impact on the spouses’ financial stability for many years in the future. Sometimes, one spouse might be pleased with how the marital estate was divided but the other feels the arrangement is grossly unfair or was done in contradiction of Texas divorce law. 

Although it can be a major challenge, it is possible to appeal the decision in some cases. If you are uncomfortable with how your marital estate was divided, speak with a skilled San Antonio, TX divorce lawyer to understand your options for appealing the divorce ruling. You have a very limited amount of time to file an appeal, so contact us right away.

What Makes a Property Division Unfair?

While you might not like the division arrangement in your divorce, that does not make it objectively unfair. Factors that can demonstrate an unfair division include:

• Hidden assets: If your spouse hid assets from you, the resulting property division would be skewed.

• Unreasonable valuation: Property is often valued by a professional to help determine how much everything is worth. However, if the valuation is inaccurate - for example, if your spouse’s business is worth substantially more than the appraiser your spouse hired says it is - you could end up with an unfair division.

• Disregard for separate property: Texas typically considers property that was owned by either spouse before the marriage, or acquired by one spouse through an inheritance, to be that spouse’s separate property. If items under your exclusive ownership are divided with your spouse, that could be an unfair or illegal property division.

On What Grounds Can You Appeal Property Division in Texas?

Since appellate courts in Texas generally grant wide discretion to trial courts to decide how to divide a marital estate, it can be challenging to appeal. Of course, there are exceptions to every rule and some scenarios can help your appeal. Some of these are:

• Misapplication of the law: If the court incorrectly applies the law to your case, and you can demonstrate that this affected the division of your marital estate, you might be granted an appeal

• Legal errors: If the court mistakenly excludes or admits evidence, applies an incorrect legal standard, or misinterprets the law, you can claim that legal errors occurred. This might be sufficient grounds to be granted an appeal.

• Abuse of discretion: If the court has seemingly made an unreasonable or arbitrary decision about your case and you can show how this error led to your property being divided unjustly, you have a chance of appealing the division.

Contact a Bexar County, TX Property Division Lawyer

If you think there was a serious issue with the division of your marital estate in your divorce, speak with a qualified San Antonio, TX divorce attorney to understand your options. While it is not easy to be granted an appeal, it can be possible with a legal representative who knows what you need to prove and how you need to prove it. Call Brandon Wong & Associates at 210-201-3832 to schedule a consultation so we can fight for you to get what you deserve.