Community Property in Texas

Texas is a community property state and therefore property acquired during a marriage is treated differently than property owned prior to getting married. The law classifies property owned at divorce as either separate or community property. Community property is any property that is acquired during a marriage. Separate property is anything owned by a spouse prior to entering a marriage. Separate property also includes anything received by gift or inheritance during a marriage and any personal injury award. When classifying property at the time of divorce, the source of funds for how the property was acquired will control whether the property is belongs to the community or the separate spouse. A spouse can show supporting evidence that property was paid for with separate property and therefore should remain the separate property of the respective spouse.

Dividing the Community Estate

Part of the divorce process is composed of deciding what property is the separate property of one spouse and what property belongs to the community estate. Each spouse is entitled to their own separate property and one-half of the community estate. After all property owned by both spouses is classified as either separate or community property, the next step is divide the community property between the two spouses in a “just and right” manner. The division of community property is up to the judge’s discretion. A “just and right” does not necessarily mean a 50/50 split of the community estate. The court has a broad range of discretion in deciding the most equitable manner to split the marital estate. Various factors such as domestic violence, adultery, cruelty, and abandonment can affect the division of community property during a divorce. It is important to be extremely candid with your attorney about the details of your marriage to insure that your assets are adequately protected.