Texas is one of a handful of “community property” states, which means that any income or assets received during a Texas marriage belong to both parties. The same holds true when it comes to debts accrued during the marriage. Texas requires that all community property undergo fair and equitable division during your divorce. However, it is important to note that this does not always involve splitting the value of assets straight down the middle.
Instead, the state’s family court system may consider several variables when deciding how to divide community property. It also may consider several different factors when determining what is community property and what is separate property.
Determining community versus separate property
Typically, assets or property you or your ex have before your union falls into the “separate property” category. In some cases, assets accrued during the marriage may also fall under this umbrella. However, you may have to prove that assets obtained during the marriage were for you, and just you, if you plan to claim them as separate property.
Determining fair and equitable division
When deciding what constitutes fair and equitable division of community property, expect the state to consider whether the property is community or separate. Expect it to also consider what the status of the property was when you first took ownership of it. Other factors that might come into play during asset division include what caused the divorce and who retains primary custody of any children you share. Whether you each have incomes and earning capacities may also have relevance.
Texas does not recognize fault divorces. However, issues surrounding fault may still come into play during asset division.