Property Division in Texas
Texas Is A Community Property State
Texas is a community property state and that fact often leads people to assume the judge is obligated to divide the property equally between the spouses. That is not the case. The judge will
consider the facts of the case and devise a property division of the assets and debts that he/she believes is appropriate. Needless to say, what a party views as a “fair” division of the property may not correspond with the judge’s perspective or that of the other party.
Factors Affecting The Division Of Property
There are a number of factors that the trial judge may consider in determining how to divide marital property. The most common reasons for ordering a lopsided property division involve responsibility for raising children and differences in the earning capacities of the spouses. In those situations, the judge may order a division that favors one party over the other.
More information is available on our “What to Expect with Property Division” page.