Some people think that because Texas is a community property state, the judge automatically divides all property 50/50. This is not the case. In a divorce, courts can only divide community property and must divide the property in a manner that is “fair and equitable.” Texas law describes community property as any property that is not separate property. Community property is property you or your spouse acquired or earned during marriage, such as your house, your bank accounts, your income from working, investments, cars, retirement accounts ─ it can be most anything.
Separate property is property that you or your spouse:
Acquired prior to marriage
Received from an inheritance or as a gift
Were awarded through the court, such as a personal injury award (but not damages for lost income because income is community property)
You and your spouse can reach an agreement on who gets what and as your attorney, we can draft your agreement into a document that we submit to the court for approval. You can also arrive at an agreement through a negotiated settlement or through mediation. Or, when you simply can’t resolve your differences on how to divide your property, we can go to trial and let the court decide for you.