How is property divided during divorce?
Usually, if the parties reach a settlement agreement and don’t go to trial, marital property is divided in whatever way the parties agreed. If the divorce does go through trial, Texas courts have the power to make a “just and right” division of all community property. What’s “just and right” is determined by the court on a case by case basis. There are many factors the court can consider, including: fault in breakup, disparity of incomes, disparity of age, spouses’ financial positions, spouses’ health, children’s needs, length of marriage and spouses’ earning potential. Note, “just and right” division only extends to community property, and a court does not have the power to divide a spouse’s separate property during divorce.
