How is property divided during a divorce in Texas?
Julie Gray
Texas managing attorney at Marble Law
Key Takeaways
- Texas is a community property state. Most property acquired during the marriage is considered community property and belongs equally to both spouses.
- Separate property, acquired before marriage, through inheritance, or as part of a personal injury settlement, belongs solely to one spouse.
- Understanding this distinction is important for a fair property division in a Texas divorce.
- Consulting with a family law attorney can help ensure accurate asset classification and a just settlement.
Texas operates under a community property system for dividing assets during divorce. This means that most property acquired during the marriage is considered jointly owned by both spouses. This applies to a wide range of assets, including:
- Income earned during the marriage (wages, salaries, tips).
- Real estate purchased during the marriage (regardless of title ownership).
- Vehicles acquired during the marriage (with some exceptions for inherited vehicles).
- Household furnishings, appliances, and other belongings obtained jointly.
- Debts incurred during the marriage (credit card debt, mortgages, personal loans).
It's important to remember that "during the marriage" encompasses the period between the marriage date and the separation date. Any property acquired after separation is generally considered separate property.
While most assets accumulated during the marriage fall under community property, there are exceptions. Property classified as separate property remains the sole possession of the acquiring spouse and is not subject to division during the divorce. Common examples of separate property include:
- Assets owned before the marriage (a car you owned prior to getting married).
- Gifts or inheritances received by one spouse individually.
- Personal injury settlements compensating for an individual spouse's pain and suffering.
- Property designated as separate property through a premarital agreement.
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The burden of proof lies with the spouse claiming an asset as separate property. They must provide clear and convincing evidence to establish that the property falls under a recognized exception.
The classification of property as community or separate significantly impacts how assets and debts are divided during a Texas divorce. Community property is typically divided equally between the spouses. However, separate property generally remains with the spouse who acquired it.
Understanding the community property and separate property distinctions empowers spouses to approach property division with a clearer perspective. Consulting with an experienced family law attorney can be invaluable in navigating these complexities, ensuring a fair and accurate classification of assets and a just division of property in your Texas divorce settlement.
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