How is property divided in a Texas divorce?
Texas is a community property state. Texas classifies property as either community property or separate property. Community property is defined as all property that was acquired during the marriage, including income from employment earned during the marriage. Separate property is all property that was owned prior to marriage or that was acquired during the marriage by gift or inheritance. In a Texas divorce, only the community property is subject to division. Many clients mistakenly believe that community property must be divided 50-50. However, Texas law only requires that the community property be divided in a way that is “just and equitable.” Therefore, a 50-50 division of community property is neither guaranteed nor required.
