Texas Divorce Laws – Property Division for Married Couples in TX

Aug 31, 2010
Victoria Nicks

Get Fair Marriage Property Division in TX - Stock Xchng Image by srbichara

In the Texas divorce laws, property division is made by dividing assets into separate vs. community property, which are treated differently by TX courts.

Understanding the difference between separate property and community property can help divorcing couples plan for the future. In Texas, divorce laws for property division are relatively clear-cut when it comes to separate property, but judges have a great deal of leeway when it comes to dividing community property.

Marriage Assets – Who Gets What?

In Texas divorce laws, property division is decided based on two factors. First, assets are divided into separate property versus community property. Each spouse retains his or her own separate property after the divorce.

Separate property refers to assets that belonged to the spouse prior to the marriage of the parties or property acquired by one of the spouses in a different state, unless it would have been considered community property if acquired in the state of Texas.
Community property is property that was acquired by either spouse, or both spouses jointly, during the marriage. Assets acquired during the marriage are community property, even if they are only in the name of one of the spouses.

Secondly, the court divides community property between the spouses, based on a "just and right" standard as created by Texas Family Code Title 1, Subtitle C, Chapter 7.

The "just and right" standard does not mean that community property is split equally. Instead, Texas divorce courts attempt to split marital property fairly.

Collaborative Divorce and Property Division

In a collaborative divorce, the parties are able to work together to settle the issues of property division without excessive litigation. Although the courts will not award one spouse's separate property to the other spouse, a collaborative divorce settlement may result in the division of both separate and community property. When you and your spouse come to an agreement in a collaborative divorce, unless the agreement is patently unfair to one party, it is common for the court to allow it.

Texas Divorce Laws and Property Division

In any divorce, when the separating couple can work together, the outcome can be more positive, but in some situations, court intervention is necessary. Before asking a judge to divide the assets of your marriage, make an effort to work with your spouse if possible. Avoiding contentious legal battles over community property will reduce the legal bills of both parties.

This article is intended to be used for general information purposes only, and is not legal advice. Please see an attorney for information about your specific circumstances. Need some help? Read Finding the Best Divorce Attorney Before Filing for Divorce and How to Find the Best Divorce Lawyer for Your Family Law Situation.

For more information about filing for divorce in Texas, read Divorce Without a Lawyer - Texas Do-It-Yourself Law Forms and How to File for Divorce in Texas Without a Lawyer.