How is Property Divided in Texas?
All property is community property unless proven to be separate property by clear and convincing evidence. The division is that which is just and right in accordance with the courts ruling. Generally, you are looking at ½ each absent some circumstance that indicates otherwise. For example, a number of different factors such as unequal earning power, extent of separate property, and fault in the marital relationship can effect the division. There is a reported case where a 90 –10% split was deemed a just and right division. This case was upheld at the appellate level.
