Texan farmers and ranchers face difficulties in property division

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Tuesday, October 9, 2012.

Negotiating the division of assets in a divorce can be a difficult task for anyone. However, property division can be especially complicated for Texas farmers and ranchers. Because Texas is a community property state, all the wealth that a couple has accumulated together must be split evenly between the couple. This can lead many Texans to ask the question: how is a farm or a ranch supposed to be evenly divided?

These complications are especially true for those who have inherited a ranch or a farm from generations before. Often, those who inherit this property are tied into the land and are reluctant to give it away. It may also be very difficult to part with other things, such as animals, tractors, and equipment that have been used on the farm or ranch for a long time.

The spouse who inherited the property may not be the only one who feels a connection with the land, however. Spouses who marry onto a farm can quickly become attached, and this feeling can grow during a marriage lasting years or decades. During a divorce, they often feel like a certain portion is owed to them for the hard work that they put into the farm or ranch.

In Texas, there can be many difficulties in determining property division for farm families; it is understandable that arguments can be heated, especially considering the depth of emotional attachment that can occur. However, this makes it all the more necessary for couples to be open to communication as they prepare for divorce. By meeting with an attorney and discussing the various options that they have regarding property division, they may be able to come up with the best possible arrangement for both parties.

Source: Iowa Farmer Today, “Reducing the impact of divorce,” Mike Rosmann, Sept. 28, 2012

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