How Is Property Division Decided in a Divorce in Texas

Property Division In A Divorce

Anyone who is considering divorce should understand how property division is decided in a divorce case in Texas. As the Texas Family Code makes clear, Texas is a community property state. Accordingly, in a Texas divorce, property owned by the spouses will need to be classified as community or separate property, and then the court will consider various factors in determining how community property is divided. Depending upon the circumstances of the divorce case, it may be possible for the spouses to reach an agreement through mediation in which they determine how property division will occur.

When you have questions or concerns about how property division will be decided in a divorce in Texas, seek advice from Attorney John E Choate, Jr. In the meantime, we want to provide you with more information that can help you to understand how property division works under Texas law.

Classification of Community and Separate Property

Married couples in Texas typically have both separate property and community property. Community property is property that belongs to the marriage (the “community”), and it will be divided in a divorce. The first step in determining how property division will be decided is classifying separate and community property appropriately. In general, community property will be divided in “a manner that the court deems just and right.”

How can you tell the difference between community and separate property? Community property usually includes any property acquired after the date of the marriage unless it was an inheritance left to only one spouse, was acquired with one of the spouse’s separate assets, was a gift to only one of the spouses, was a recovery for personal injuries, or was expressly excluded in a prenuptial agreement. Any property acquired before the marriage is separate property, though earnings on that property are usually community property. Otherwise, the court will divide most other property acquired after the date of the marriage.

Factors in Dividing Community Property

What does a “just and right” division of property look like in Texas? In deciding how to divide community property in a manner that is just and right, the court can consider various factors, such as:

    Ages and health of the spouses

    Education and employability of the spouses

    Length of the marriage

    Amount of separate property owned by each spouse

    Children from the marriage and costs associated with child-rearing

    Fault in the breakup of the marriage

    Fraud on the community (i.e., one of the spouses intentionally used or wasted community assets)

Dividing Community Property through Divorce Mediation

In some divorce cases, it may be possible for the spouses to play a much more significant role in determining how property division is decided if they go through divorce mediation. In mediation, the parties may be able to reach an agreement about how community property will be distributed between them.

Seek Advice from Attorney John Choate, Jr.

Whether you have concerns about the classification of community and separate property, or you need advice about how community property may be distributed in your divorce, Attorney John Choate Jr. can assist you. He has years of experience assisting clients in a wide variety of divorce matters, and can speak with you today about your case. Contact him at 936.441.2999

Preparing for Your Divorce

Getting divorced is never fun.

No one grows up dreaming of their divorce. If you are the one considering divorce, you need to plan for the divorce suit like you planned your wedding and marriage. Put your anger or hurt aside and think about the vision you have of your future. Having a qualified attorney help you plan things out will make your life easier. It’s a tough time emotionally, your attorney will be your voice and advocate during the legal process.

Residency requirements for filing a divorce suit:


A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:

(1) a domiciliary of this state of Texas for the preceding six-month period; and
(2) a resident of the county in which the suit is filed for the preceding 90-day period.


If one spouse has been a domiciliary of this state of Texas for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.

In Montgomery County, Texas, the judges have agreed that in divorce and child custody cases that affect children, the parties must follow the “Montgomery County Standing Orders. Listed below are some headings of the standing orders.

● No disruption of children
● Protection of family pets or companion animals
● Conduct of the parties during the case
● Preservation of property and use of funds during divorce case
● Personal and business records in divorce case
● Insurance in divorce case
● Specific authorizations in divorce case
● Parties encouraged to mediate

If you or someone you love is thinking of filing a divorce suit or have been served with a divorce suit, you should seek a qualified attorney such as John E. Choate, Jr. who can handle your case with skill. Contact Attorney John Choate at the Conroe Law Office.