Since Texas is a “Community Property” state, does that mean that upon divorce everything is divided equally?
No. If the parties cannot negotiate a fair division with the help of their respective attorneys the judge or jury will divide the marital assets and liabilities in a manner that is “just, right, fair and equitable.” That may result in a 50/50 division; it may result in a 60/40 division, or some other division. There are many factors that the fact finder may consider, including disparity in earning capacities between the spouses and evidence of fault in the breakup of the marriage.
