How Is Property Divided in Texas During Divorce?
Texas follows community property law, which affects how assets and debts are divided during divorce. Understanding what counts as community property, what qualifies as separate property, and how courts decide on a fair division can help you prepare for the process.
Community Property Explained
Community property includes most income, assets, and debts acquired by either spouse during the marriage. This may include salaries, retirement contributions, real estate, vehicles, and loans.
Separate Property
Separate property belongs to only one spouse. This includes assets owned before the marriage, gifts, and inheritances. However, if separate property becomes mixed with marital funds, the spouse must prove through tracing that it still qualifies as separate.
Just and Right Division
Texas courts do not always divide community property 50-50. Instead, they divide property in a way that is considered just and right. Factors may include income disparity, health, age, fault in the marriage, custody arrangements, and future financial needs.
High Conflict or High Asset Cases
Cases involving business ownership, real estate portfolios, or complex investments require detailed valuation and financial analysis. Working with an experienced attorney is essential.
Why Legal Guidance Matters
Property division mistakes can be costly and permanent. A knowledgeable divorce attorney can protect your rights, help identify separate property, and ensure valuations are accurate.
