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Distribution Type
Community Property
Default Split
50 / 50
Income Adjustment
Modest

Methodology

Community property — just and right division

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

The following factors are commonly evaluated under Texas law:

  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

Statute Reference

Citation: Tex. Fam. Code §7.001

Source: https://statutes.capitol.texas.gov/

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Citation
Tex. Fam. Code §7.001
Source URL
https://statutes.capitol.texas.gov/
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Reference Library

Texas Community Property

Texas Family Code §7.001 requires courts to divide community property in a manner that is just and right, having due regard for the rights of each party. Unlike most community property states, Texas allows courts to deviate from a 50/50 split based on factors such as fault in the breakup of the marriage, disparity of earning power, and the needs of any children. Separate property is not subject to division.

Citation: Tex. Fam. Code §7.001

Source: https://statutes.capitol.texas.gov/

Last updated: 2026-05-19T01:39:53.964097