Texas Property Division: How Assets Are Split in Divorce
Texas is a community property state. The basic rule: everything earned or acquired during the marriage belongs to both spouses equally and is split 50/50. Property owned before marriage or received as a gift/inheritance remains separate.
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Talk to AI AdvisorThe 50/50 Rule
In Texas, community property includes all income earned by either spouse during the marriage and everything purchased with that income. This includes the house, vehicles, retirement accounts, investments, and even debts.
What's typically divided:
- ✓Family home and real estate
- ✓Retirement accounts (401k, pension, IRA) — portions earned during marriage
- ✓Bank accounts, investments, and stock options
- ✓Vehicles, furniture, and personal property
- ✓Business interests and professional practices
- ✓Debts incurred during marriage (credit cards, loans, mortgage)
What Stays Yours: Separate Property
Not everything gets divided. Separate property typically includes:
Property owned before marriage
Assets you brought into the marriage remain yours — as long as you kept them separate and didn't commingle them.
Gifts and inheritances
A gift or inheritance given specifically to one spouse remains separate property, even if received during the marriage.
Property after separation
In Texas, income and assets acquired after the date of separation are generally separate property.
Complicated Assets
The family home
Options include: one spouse buying the other out, selling and splitting proceeds, or deferred sale (common with young children). In community property states, the equity is split 50/50.
Retirement accounts
Only the portion contributed during marriage is marital property. A Qualified Domestic Relations Order (QDRO) is needed to divide retirement accounts without tax penalties.
Commingled assets
If separate property was mixed with marital funds (e.g., depositing an inheritance into a joint account), tracing the separate portion requires detailed records and often a forensic accountant.
Texas-Specific Rules
- ✓Community property but courts divide 'just and right' (not necessarily 50/50)
- ✓Spousal maintenance limited and difficult to obtain
- ✓Standard possession order sets default custody schedule
Every situation is different
Tell our AI advisor about your assets — house, retirement, business, investments — and get a clear picture of how property division likely works in Texas.
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Legal Disclaimer: This article covers Texas divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Texas family law attorney for advice specific to your situation.