Property Division in Texas Divorce: Who Gets What?

Illustration of a separated couple with house keys and a car key symbolizing property division after divorce

When a marriage ends, one of the most contentious issues couples face is dividing property. In Texas, the law follows the community property system, which generally considers all assets and debts acquired during the marriage as jointly owned. However, “fair” division doesn’t always mean “equal.” Judges have the discretion to divide property in a manner they believe is just and right, which may not always result in a 50/50 split.

Let’s break down how property division works in a Texas divorce.

What Is Considered Community and Separate Property?

In a Texas divorce, assets fall into two categories:

● Community Property: Anything acquired during the marriage—income, homes, vehicles, retirement accounts, and even debt is typically subject to division.

● Separate Property: Property owned before the marriage or acquired as a gift or inheritance during the marriage remains with the individual spouse.

Proving what is separate and what is community can become complicated. That’s why working with property division lawyers is often necessary to ensure fair handling of all assets and liabilities.

How Does the Court Decide What’s Fair?

While Texas law presumes a 50/50 split, judges consider many factors when dividing property, including:

● Each spouse’s earning potential

● Contributions to the marriage (financial and non-financial)

● Fault in the breakup of the marriage

● Custody arrangements if children are involved

● History of domestic abuse or financial misconduct

Disputes often arise over high-value assets, business ownership, and retirement benefits. In contested divorce cases, courts may even consider evidence from financial experts and property appraisers. Those involved in cohabitation agreements or with complex assets may require additional legal documentation to clarify ownership.

Finalizing Property Division in Austin

Whether you’re dealing with an uncontested or contested divorce, it’s important to provide complete financial disclosures. Hiding assets can result in legal penalties and negatively affect the outcome. Those involved in uncontested divorce cases often resolve these matters faster, while contested divorce lawyers in Austin help clients address disputes more strategically.

Couple receiving their divorce certificate with an attorney stamping the final documents

Protect Your Interests with Skilled Legal Support

The property division process in Texas can be overwhelming without legal guidance. Whether your divorce is straightforward or involves complicated disputes, Daniel Ogbeide Law offers experienced legal support for property division in Austin.

Contact today for a confidential consultation and take the first step toward peace of mind.

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