Do Texas courts divide property 50/50?
Not necessarily. Texas courts may only divide a couple’s community property and may not divide the separate property of a spouse. The standard used by courts to divide community property is a “just and right” division. To achieve a “just and right” division, courts consider many factors including, for example, the difference in income and earning capacities of the spouses, the education of the spouses, the size of each spouse’s separate estate, fault in the break-up of the marriage, and the attorney fees of the parties.