Division of Property

Division of Property

Texas is a community property state.

Community property means that most of the property acquired by the spouses during the marriage belongs to both spouses, regardless of who obtained the property. Debts are also owed by both spouses, regardless of who incurred the debt. Community Property is subject to division in the event of a divorce.

Property owned prior to the marriage, along with gifts and inheritances received during the marriage, are separate property and do not have to be divided with your spouse.

Community property may be divided equally. However, the judge has the ability to weigh factors specific to your case and order division that is not equal.

If a Judge decides to order an unequal division, that decision will be based on a number of factors, these factors include things such as fault in the divorce and whether one of the parties was a stay at home parent.