Knowing how their property will be divided can be one of the most common concerns and anxieties for divorcing couples. For that reason, divorcing couples should be familiar with property division is handled in Texas during divorce according to community property rules.
How is property divided during divorce in Texas?
Texas is a community property state. In community property states, property is considered owned equally by the divorcing spouses so it is divided equally between them when they divorce. Marital property is divided equally between the two spouses which is why it is important to also understand what is considered marital property.
What is considered community property?
Marital property is considered property and assets acquired during the marriage. Property that was acquired prior to the marriage; was a gift or inheritance of one of the spouses; or was awarded for personal injury damages is generally not considered community property. These forms of property are considered separate property and are typically not subject to the property division process. Specific examples of separate property can include birthday gifts; family heirlooms; items purchased prior to marriage; inheritances; and personal injury awards. In some situations, an overlap, or commingling, can occur and it is also helpful to understand what to do when property has been commingled.
Making informed decisions
When divorcing couples are approaching the property division process, they should understand how their property will be categorized and divided. It can help them better advocate for their interests as they navigate their divorce and property division settlement agreement.
