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Texas Property Division

Under Texas divorce law, Texas is a community property state. All property and debt acquired from the start of the marriage until the end is considered community property. The Texas divorce court splits community assets during divorce equally between the two spouses if the couple is unable to reach a divorce settlement or if there isn't a prenuptial agreement or postnuptial agreement.

Texas divorce courts will order a division of property that is deemed just and right. The divorce court will consider the rights of each party when assigning the following real and personal property acquired:

  • By either spouse while domiciled in another state that would have been community property if the spouse who acquired the property had been domiciled in Texas at the time of acquisition
  • In exchange for real or personal property by either spouse and that would have been community property if the spouse who acquired the exchanged property had been domiciled in Texas at the time of its acquisition

Texas divorce court will award the real and personal property to a spouse as separate property when the property was acquired by:

  • The spouse while domiciled in another state and that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition
  • A spouse in exchange for real and personal property that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition

The following property is considered separate property of a spouse if partitioned or exchanged by written agreement of the spouses:

  • Income and earnings from the spouses' property, wages, salaries and other forms of compensation received on or after January 1 of the year when the divorce petition is filed
  • Property received in another year during which the spouses were married for any part of the year, including income and earnings from the spouses' property, wages, salaries and other forms of compensation

Texas property distribution depends on the circumstances of your divorce. Speak with a local Texas divorce lawyer to learn more about Texas divorce law and how it can affect you and your family. Connect with a local divorce attorney by calling 877-349-1310 or filling out a Texas divorce case review form below. Work to protect the property rights of you and your family by getting legal divorce advice.


The above synopsis of Texas divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Texas divorce attorney in your area.

Texas divorce laws were last updated May 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.