One of the most common questions women have when facing divorce is how their assets will be divided. Texas is a community property state, which means the rules governing property division are specific and important to understand. Knowledge is power, and knowing how property characterization works helps you protect the future you’ve built.
In Texas, all property owned by either spouse falls into one of two categories: community property or separate property. The distinction is critical because separate property cannot be divided in divorce. It remains entirely yours. Community property, on the other hand, is subject to division by the court.
Here’s what qualifies as separate property: anything you owned before the marriage, gifts given specifically to you (not to both spouses), and inheritances you received at any point, even during the marriage. If your grandmother left you her jewelry collection while you were married, that remains your separate property. If you owned a home before marriage, that home is generally your separate property.
However, there’s an important legal presumption you must understand. Under Texas law, everything is presumed to be community property. This means if you claim something is your separate property, the burden falls on you to prove it. Documentation matters tremendously. Bank statements, titles, gift letters, inheritance paperwork, and other records become essential evidence in establishing what belongs solely to you.
Once separate property is identified and carved out, the court turns to dividing community property. Many people assume this means a straight 50/50 split, but that’s not quite accurate. Texas law requires that community property be divided in a manner that is “just and right.” This gives courts flexibility to consider the circumstances of each case.
Several factors can lead to a disproportionate division of community property. If one spouse contributed significantly more to the household, perhaps by being the primary caregiver while the other advanced their career, the court may award them a larger share. If one spouse committed adultery and spent community funds on the affair, those amounts can be factored back into the estate and may justify a greater share going to the innocent spouse.
An interesting pattern exists with estate size. Generally, the larger the marital estate, the closer to 50/50 courts tend to divide it. Smaller estates often see more variation in division percentages. This is something to keep in mind as you develop your divorce strategy.
Understanding these principles helps you prepare effectively. Start gathering documentation of your separate property now. Keep records of gifts, inheritances, and anything you owned before marriage. Work with an attorney who can help you trace assets and build the strongest possible case for protecting what’s yours.
At Alexandra Geczi PLLC. Divorce & Family Law, we help women understand their property rights and develop strategies that protect their financial futures. Strength backed by strategy means approaching property division with clear documentation and compelling arguments. Compassion without compromise means fighting for every asset you’re entitled to keep.