Property Division

Dividing Property in a Texas Divorce

Texas is a community property state, meaning most assets acquired during the marriage are owned equally by both spouses. However, separate property — assets owned before marriage or received as gifts or inheritance — is not subject to division. Properly characterizing assets as community or separate property is often one of the most contested issues in a Texas divorce.

Courts divide community property in a "just and right" manner, which does not always mean 50/50. Factors including fault in the breakup of the marriage, the relative earning capacity of each spouse, and the needs of any children can all affect how property is divided.