Texas Divorce Property Division

System
Community Property
Default Split
50 / 50
Governing Statute
Tex. Fam. Code §7.001

What the Law Says

Texas is one of 9 community property states. Property acquired during the marriage belongs to both spouses equally. On divorce, it splits 50/50 unless a specific exception applies. Property owned before the marriage, gifts, and inheritances stay with the original owner.

Texas is a community property state that divides community property in a just and right manner rather than strictly equally. Courts consider fault in the breakup of the marriage and other equitable factors.

Statutory Factors (Tex. Fam. Code §7.001)

Texas courts are required to consider:

  1. Property acquired during marriage is community property
  2. Property owned before marriage is separate
  3. Gifts and inheritances are separate
  4. Commingling may affect classification
  5. Community estate divided equally or justly
  6. Debt characterization follows state rules
  7. Just and right division considering all circumstances

Common Questions

Texas: community property or equitable distribution?

Community property. Tex. Fam. Code §7.001 presumes a 50/50 split of everything acquired during the marriage.

What factors does a Texas court weigh?

Tex. Fam. Code §7.001 lists 7 factors. The first three: Property acquired during marriage is community property, Property owned before marriage is separate, Gifts and inheritances are separate. The full list is above.

Does Texas split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are community property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Texas's community distribution rules on your actual assets and debts.

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Source: Tex. Fam. Code §7.001 AI draft · Full law library entry