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Division of Property in Texas Divorce

One of the primary objectives of divorce is dividing property. Property includes not only assets, but also liabilities. When a couple chooses to divorce in Texas, the court is tasked with dividing all property in a "just and right" manner.  The experienced divorce lawyers at the Law Office of Jesse S. White are here to help guide you through this process to secure a fair division of property.

How Does the Court Divide Property?

Texas is a community property state.  Texas law defines community property as all of the property that either spouse acquires during the marriage, except separate property.   During a divorce, there is a presumption that all property is community property.  This means that the court will presume that all of your property is community property unless you can prove otherwise. The spouse claiming separate property has the burden to prove the property is separate by "clear and convincing" evidence.    "Clear and convincing” means that the evidence is highly and substantially more likely to be true than untrue; the fact finder must be convinced that the contention is highly probable.    This is a more rigorous standard to meet than the preponderance of the evidence standard, but a less rigorous standard to meet than proving evidence beyond a reasonable doubt such as in criminal cases.

Under Section 3.001 of the Texas Family Code, a spouse's separate property consists of:
  • the property owned or claimed by the spouse before marriage;
  • the property acquired by the spouse during marriage by gift, devise, or descent;  and
  • the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Some community property states require that community property be divided equally upon divorce. However, in Texas divorce cases, the court is required to divide all community property property in a "just and right" manner.    Judges look at a number of factors in making a "just and right" division of property, including:

  • Difference in spouses' earning capacity
  • Difference in spouses' age and health
  • Difference in spouses' educational backgrounds
  • Which spouse mainly raises any children
  • The needs of each spouse and children

We understand that dividing assets and debts can be a difficult issue in divorce. Frequently, our approach is to negotiate a property settlement and reach a fair agreement outside of court. However, in the event an agreement cannot be reached, we are always prepared to litigate to protect our client's best interests.

We are also experienced in cases with complex property divisions, which often include valuable assets, high-net worth community estates, business interests, or international investments.

Give Us a Call Today 

If you are facing a divorce matter in San Antonio or a surrounding community, our lawyers are here for you. Contact us today online or by telephone at 210-852-2090 to arrange a consultation with a knowledgeable divorce attorney.