In Texas, does Community Property mean property gets divided 50/50?
Generally, 50/50 will be the initial presumption for any cash, real property, retirement funds or other property that comes to the marriage as a result of the labor of one of the parties. However, there are various circumstances that may deem some property to be ‘separate’ (such as assets owned before marriage, proceeds from a personal injury suit, gifts or inheritances). The issue here is you have to be able to show how the money was spent and how much of it is left remaining. Other instances in the marriage may also affect the split, such as unequal earning power, or fault in the marriage itself, or in the way one spouse handled joint finances during the marriage. The final division will be what the court deems just and right. If you feel that a 50/50 division would not be fair for you, it’s especially important to consult an attorney so that your case can be properly presented to the court. If my spouse earns more than I do, do I automatically get alimony? No, you have to qualify fo
