How Does Community Property Get Split in a Divorce in Texas?
Texas is a community property state and therefore applies community property principles for dividing property during a divorce. In Texas, the court recognizes two types of property classifications: separate and community. Anything that is acquired during the marriage will almost always be considered community property. If a spouse inherits or is gifted property during the marriage, the property does not become community property but remains the separate property of the respective spouse. During the divorce process all property owned by either spouse is characterized as separate or community property. There are different principles and rules that apply in determining what property is to be identified as belonging to the community (both spouses) or only to the respective individual spouse.
Once all of the property owned between the two spouses is classified as separate or community property, the law requires a “just and right” division of the community estate. If property is acquired during the marriage and one spouse wants to claim it as their separate property, that spouse will have to overcome the presumption that it belongs to the community estate. A spouse can show supporting evidence that the property was paid for with a spouse’s separate property and therefore should remain the separate property of the corresponding spouse. The longer the marriage, the more difficult it will be to overcome the presumption that property acquired during the marriage belongs to the community estate. The comingling of income accrued during a marriage can make it challenging to trace how the property was originally earned.
Understanding the distinction between separate and community property is important to protecting your interest during a divorce. Once property is classified as community property, it is subject to a “just and right” division between the divorcing spouses. “Just and right” does not necessarily mean a 50/50 split of the community estate. The court has broad discretion in determining how the community estate should be divided. One spouse may be awarded a disproportionate share of the community estate. Questions regarding separate and community property are important to share with your attorney to insure that the proper steps are taken to claim the property as your separate property.
Texas Family Code Statutes:
- § 3.001 – Separate Property
- § 3.002 – Community Property
- § 3.003 – Presumption of Community Property
- § 3.201 – Spousal Liability
- § 3.202 – Rules of Marital Property Liability
- § 6.707 – Transfer of Debts Pending Divorce Decree
- § 7.001 – General Rule of Property Division
For more information on dividing community property during your divorce, call our team of Texas lawyers.