Is My Family Business at Risk in a Texas Divorce?

The Law Offices of Kary L. Key Blog · 2 months ago · 79 views

Whether your family business is at risk of division during a divorce depends largely on when it was started and how it has been managed during your marriage. If you're concerned about what will happen to your business during your 2026 divorce, a Palo Pinto, TX asset division lawyer can explain how the court will approach the division process. Does Texas Law Treat a Family Business as Marital Property? Texas is a community property state. Property acquired during a marriage is generally presumed to be community property under Texas Family Code § 3.002. This may include an ownership interest in a business that either spouse started or acquired during the marriage.  A business interest owned before marriage is usually separate property. The spouse claiming that a business is separate property must prove this with clear and convincing evidence.