How Is Community Property Divided in Texas?

In Texas, when you marry your partner, all of the earnings and property you come into possession of during your marriage becomes community property. Texas, along with eight other states, follow property laws in this manner.

If you are a Texas resident who is currently going through a divorce, figuring out what will happen to your property can be stressful. The information in this article can help guide you to a better understanding of how community property division works in Texas.

Community property in Texas

Under current Texas law, property that belongs to each spouse before marriage is separate property, and anything that spouses acquire after marriage is community property. Exceptions include gifts and a few other scenarios, but this is how it typically works. While dividing separate property is usually straightforward, community property can be more complex.

Dividing community property

To divide community property, a judge follows their discretion according to what is “just and right.” Sometimes, this means dividing everything 50/50, but that is not always the case. Depending on your unique circumstances, this may or may not be one of the more challenging parts of your separation. Depending on your situation, you may be able to appeal the court’s determination.

Dividing community property is not always as simple as dividing separate property, and often individuals going through a divorce face many questions. If this sounds familiar, you can use this information to help guide you on your journey ahead.

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