Abandonment

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Understanding Abandonment and Living Apart in Texas  

What You Need to Know

If you are considering divorce in Texas, especially in San Antonio, it’s crucial to understand how abandonment and living apart can impact your case. Both of these issues can significantly affect property division, including retirement accounts, real estate, and other assets. Under the Texas Family Code, these factors can influence the court’s decision, and at the Law Offices of Rudy Vasquez PC, our San Antonio-based attorneys are here to guide you through these complex legal issues.

Experienced Divorce Attorneys in San Antonio at the Law Offices of Rudy Vasquez PC, our San Antonio-based team of experienced divorce attorneys can help you navigate the complexities of abandonment, living apart, and property division under Texas law. We understand how these issues can impact your financial future, and we are committed to helping you achieve the best possible outcome. If you believe you’ve been abandoned or have been living apart from your spouse for a significant period, contact us today. We’ll make sure your rights are protected, and we’ll work to secure the best possible outcome for you.

What is Abandonment in a Texas Divorce?

In Texas, abandonment is considered one of the fault-based grounds for divorce under Section 6.005 of the Texas Family Code. Abandonment occurs when one spouse leaves the other with no intent to return and remains away for at least one year.

Here’s what you need to know:

• Abandonment means your spouse has left you and stayed away for at least one year without any intention of coming back.
• Temporary absences, like going away for work, don’t count as abandonment unless it can be proven that your spouse didn’t plan to return.

How Abandonment Affects Property Division

Texas follows community property rules (Texas Family Code Section 3.002), which means that most assets and debts acquired during the marriage are shared equally. However, if you’ve been abandoned, the court may divide the property in a way that compensates you for the financial and emotional burden caused by the abandonment.

• Disproportionate Share: If abandonment is proven, the court may give you more of the community property. For instance, if you were abandoned and left to manage the home and finances alone, you might receive a larger portion of assets like retirement funds or the family home.

At the Law Offices of Rudy Vasquez PC in San Antonio,  we often see cases where delays in addressing abandonment can negatively affect important financial matters. Waiting too long can lead to:

• Retirement accounts losing value, leaving you with less than you deserve.
• Changes in the real estate market, affecting the equity in your home.
• Fluctuations in the value of other assets, like investments or vehicles, which could harm your financial future.

Living Apart as Grounds for Divorce

Living apart is another fault-based ground for divorce in Texas under Section 6.006 of the Texas Family Code. If you and your spouse have been living separately for at least three years, this can serve as grounds for divorce.

• Living apart means you and your spouse have not lived together for at least three years. 
• Unlike abandonment, you don’t need to prove that your spouse intentionally left or that they had no intention to return. You just need to show that you’ve been living apart without cohabitation for at least three years.

Impact of Living Apart on Property Division

Living apart for three years doesn’t automatically result in a disproportionate division of property, but it can influence the court’s decisions about how to divide assets. If you’ve been living apart for a long time, certain assets might be considered separate property (Texas Family Code Section 3.001), meaning they won’t be divided.

• The court will look at factors like how long you’ve been apart, your financial situation during that time, and whether you made any financial agreements while separated. 
• If you’ve acquired separate property while living apart, it might not be included in the division of community property.

At the Law Offices of Rudy Vasquez PC in San Antonio, we understand how important it is to act quickly in cases where you’ve been living apart. Delaying action could have negative consequences on:

• Home equity, which could increase or decrease depending on the real estate market.
• Retirement funds and investment accounts, which may rise or fall in value over time.
• Other assets that could fluctuate, putting your financial stability at risk.

How Texas Courts Handle Abandonment and Living Apart

Texas courts aim to divide community property in a way that is just and right; (Texas Family Code Section 7.001). This means the court will consider several factors, not just a 50/50 split.

• Fault: If abandonment or living apart is proven, the court may adjust how the property is divided. You could receive more if you were left with the burden of household expenses or if the separation caused you financial hardship. 
• Economic Impact: The court will look at how abandonment or living apart affected each spouse’s financial situation. If your spouse abandoned you and you had to manage everything on your own, the court could award you more of the community property, like retirement accounts or your home.

Why Acting Quickly is Important

In divorce cases involving abandonment or living apart, timing is everything. Waiting too long to address these issues could affect your financial future: 

• Retirement accounts could lose value, meaning you might not get the full share you deserve. 
• Real estate could change in value, affecting how much equity you’ll receive from the division of property. 
• Other assets may rise or fall in value, and delaying the divorce could leave you at a financial disadvantage.

 📞 Call me today at (210) 225-2828 for a FREE case evaluation.  Let’s talk about your case, your injuries, and how we can help you get the compensation you need to live safely and comfortably.