If you’re considering divorce in Texas, one of the most important issues you’ll face is the division of property. Texas is a community property state, which means that most assets and debts acquired during the marriage are considered jointly owned. However, that doesn’t mean everything is split 50/50. Understanding how community property division works in Texas can help you protect your financial future.
What Counts as Community Property in Texas?
In Texas divorce law, community property includes:
- Wages and income earned during the marriage
- Homes and real estate purchased during the marriage
- Retirement accounts and pensions
- Vehicles, furniture, and household goods
- Business ownership interests
- Debts incurred during the marriage
Separate property is not subject to division. This includes:
- Property owned before marriage
- Gifts or inheritances received during the marriage
- Certain personal injury settlements
How Is Community Property Divided in a Texas Divorce?
Texas law requires a “just and right” division of community property. While this may seem like a 50/50 split, courts can divide assets unequally depending on the circumstances.
Factors that can influence the division of community property include:
- Unequal earning power or financial need
- Fault in the breakup of the marriage (adultery, abuse, abandonment)
- Contributions to the household (including stay-at-home parenting)
- Health and age of each spouse
- Who will have primary custody of the children
As a result, the court may award a greater share of the community estate to one spouse.
Common Challenges in Texas Property Division
Dividing marital property in a Texas divorce can become complicated, especially when it involves:
- Family businesses
- Complex retirement accounts
- Real estate investments
- Hidden assets or disputed property
In many cases, divorce attorneys work with appraisers, CPAs, or forensic experts to properly value these assets. Once values are established, property can be divided by:
- Selling and splitting the proceeds
- Awarding specific assets to each spouse of equal value
- Establishing co-ownership after divorce (less common)
Why You Need a Texas Divorce Lawyer
Property division in a Texas divorce can have long-term financial consequences. An experienced Texas family law attorney can help ensure that your rights are protected, assets are properly valued, and the division is fair.
At my practice, I help clients across Texas understand their rights, navigate complex divorce cases, and secure a fair share of the marital estate. If you’re facing divorce and need help with community property division, contact me today for a consultation.
Steve Buitron