Three Ways to Resolve Property Disputes in a Divorce

 Posted on October 16, 2025 in Property Division

Many divorcing couples run into disagreements when it comes time to decide how property division should be handled. Over the course of a long marriage, the lines between community and separate property can blur, making it unclear as to who has a claim to certain assets. Spouses can also disagree about what constitutes a "fair" division of assets, especially in a fault-based divorce.

At The Law Offices of Kary L. Key, our Palo Pinto, TX divorce attorney has over 25 years of proven family law experience, having helped many people over the course of her career. When you work with our firm, we will provide you with personalized service tailored to your individual needs.

Pros and Cons of Different Asset Division Methods in Texas

Negotiating for a Settlement

If you and your spouse are willing to work together outside of court, you can decide how to divide up your property on your own. If informal negotiations do not work, you can also turn to a third-party mediator to help settle the issue, among other methods of dispute resolution.

Pros: Settlement negotiation is much cheaper than going to trial for a divorce. It also gives you greater control over how assets are divided than if you leave the decision up to a judge.

Cons: Negotiating for a settlement may only work if both parties are willing to make compromises and work together in good faith. If your spouse refuses to cooperate, negotiating for a settlement can waste precious time in the divorce process.

Using a Marital Agreement

Prenuptial and postnuptial agreements can be used to handle matters of property division preemptively. These documents must be signed voluntarily by both parties, and typically require a clear disclosure of assets (Texas Family Code Sec. 4.006).

Pros: These documents can greatly simplify the process of property division in a divorce, saving time and money.

Cons: A marital agreement cannot always account for significant changes after the document is signed. These agreements could also be contested in court if they are considered unconscionable.

Going to Trial

When other methods of dispute resolution fail, you and your spouse may have to proceed to litigation to divide your marital property. A divorce trial for property division may take several hearings as the judge is presented with evidence from both sides.

Pros: A divorce trial allows you to state your case directly to a judge and argue for a just and right division of assets. In a fault-based divorce, you may be able to receive a greater share of community property if you can show your spouse was responsible for the collapse of the marriage.

Cons: The fees associated with litigation can drain your financial resources. Additionally, a full trial can take several months before the judge makes a final decision about the division of property.

Contact a Parker County, TX Property Division Attorney

No two divorces are the same, since all couples are unique and have their own background and circumstances. The best way for you to divide your assets will depend on several factors.

At The Law Offices of Kary L. Key, we will listen to the details of your case and discuss the merits of each approach to property division with you. To arrange an initial consultation with our Palo Pinto, TX asset division lawyer, call our offices at 817-599-6969.