How Courts Divide Property in a Texas Divorce

Dividing assets during a divorce is one of the most challenging aspects for couples in Texas. Many people fear losing what they’ve worked hard for or wonder how much they’ll walk away with after the divorce is finalized. Understanding how Texas courts divide property is essential to navigating your case with confidence.

Community vs. Separate Property

In Texas, the foundation of property division lies in distinguishing community property from separate property. Community property includes assets and income acquired during the marriage, such as salaries, real estate, vehicles, and retirement accounts. These assets are considered jointly owned and subject to division.Separate property, on the other hand, refers to assets owned before the marriage or acquired through inheritance or gifts. These remain with the original owner, provided they can offer clear and convincing evidence to prove ownership.Imagine a timeline, with your wedding date as the starting point. Everything before that date is separate property, while everything after is likely community property.

What Does 50/50 Really Mean?

Many people assume that courts will simply split community property down the middle, but the reality can be more nuanced. Texas courts aim for a "just and right" division of assets, which generally results in an even split. However, this doesn’t mean every item is divided equally. For example, if you own a motorcycle worth $10,000 with $5,000 in debt, the court will consider its net value to be $5,000. Whoever keeps the motorcycle will also take on its debt, balancing the distribution of assets and liabilities between both parties.

Fault-Based Exceptions to a 50/50 Split

While a 50/50 split is common, certain circumstances may lead to an unequal division of property. Fault-based divorces, such as those involving infidelity or cruelty, can result in one spouse receiving a disproportionate share of the marital estate.For instance, if you prove that your spouse engaged in infidelity, the court may award you a larger share of the assets. Similarly, cases involving domestic violence or extreme cruelty may lead to a greater financial penalty for the abusive spouse.However, these situations are rare, as proving fault requires substantial evidence. Many courts, particularly in central Texas, may not significantly alter the division unless the fault is severe.

The Role of Inventory and Appraisement (I&A)

Before any assets are divided, your legal team will conduct an inventory and appraisement, or I&A. This process involves listing all assets and debts, assigning values to each, and determining their net worth.For example, if you own a home worth $300,000 with $100,000 remaining on the mortgage, its net value is $200,000. The I&A helps ensure all assets are accounted for and that both parties receive an equitable share.This detailed inventory is crucial for a fair division of property, as it helps the court understand the full scope of the marital estate.

Why Proof Matters in Property Division

When claiming separate property, having strong documentation is vital. Verbal assurances won’t hold up in court; you’ll need clear and convincing evidence, such as receipts, property deeds, or financial records.Without proof, the court may categorize your assets as community property, subjecting them to division. This makes proper record-keeping essential, particularly if you brought significant assets into the marriage.

Real-Life Scenarios of Unequal Divisions

In rare cases, courts have awarded splits as extreme as 70/30, typically involving severe misconduct. One notable case involved a doctor who was found guilty of domestic violence against his stay-at-home spouse. The court penalized him heavily, awarding the wife a larger portion of the marital estate.These cases highlight the importance of presenting strong evidence when seeking a disproportionate share of assets.

Protect Your Financial Future

Property division can feel overwhelming, especially when emotions run high. With the help of an experienced family law attorney, you can ensure your assets are fairly divided while safeguarding your financial future.At Hembree Bell Law, we understand the intricacies of Texas divorce law and are committed to guiding you through this challenging time.