The Basics of Property Division in Texas
During a divorce in Texas, courts divide marital property according the principle of equitable distribution, which uses standards of justice and fairness. This approach to division does not mean spouses will receive 50 percent of all assets and debts, but instead along lines of what is fair under the specific circumstances of each divorce.
Community Property Versus Separate Property
In general, community property encompasses all real, personal and intellectual property obtained during a marriage by either spouse. Separate property is property clearly identified as belonging to one spouse. Such property often includes inheritances and gifts. Determining which property is marital, or community, and which property is separate is often a difficult, time-intensive process that requires careful and clear documentation.
Once a court identifies all community property, it will then begin to divide it based along factors laid out in the Texas Family Code.[1] These factors include:
- The length of the marriage
- The custody arrangement of any children
- Which party was at fault for the divorce
- Disparity of income between the spouses
- Age and skills of each spouse
- Tax consequences
- Reimbursement claims
A Note About Reimbursement Claims
If you used your own separate property, such as a gift or inheritance, to pay off a debt or cover the expenses belonging to the marital estate or to your spouse’s own situation, you may be able to include a reimbursement claim to the court. You should note that these claims require a large amount of documentation and strong presentation skills.
Property That a Court Will Divide During Divorce
All community assets and debts are eligible for division during your divorce. This includes:
- The marital home
- Additional real property
- Cars and other automobiles
- Furniture and other household goods
- Retirement accounts
- Stocks, bonds and other investments
- Debts, including mortgages and credit cards
Educate Yourself on What Is Involved in the Property Division Process
There are numerous factors that come into play during the divorce process in Texas. Learn more by reviewing answers to these questions:
- What is community property and what do Texas laws say about it?
- What standards do the courts follow in separating community property?
- How will my divorce affect my retirement benefits?
You may also review our property division legal terminology page to read definitions to common terms used during the divorce process.
Learn More by Speaking With a Dedicated Family Law Advocate
While it is possible to handle your divorce on your own, including the division of marital property, it is often best to seek advice from an experienced family law practitioner. An attorney can help you understand your rights and options, as well as help you address more complex issues such as hidden assets, intellectual property rights, family-owned businesses, and more. For a better understanding of your specific situation and what steps you can take to make today the first day of the best half of your life, reach out to a family lawyer today by calling 972-353-4600.