Texas Divorce 101 – Community Property Isn’t Always 50/50!

When it comes to the process of dissolving a marriage, divorce lawyers are always quick to point out at the start that Texas is a community property state.

This generally means that spouses are required to go through a dispersal process that divides the marital property between them.

What many do not realize is that this does not guarantee a 50/50 split of that property.

In this 2nd of 7 articles looking at Divorce 101, divorce attorneys stress that there are many factors that go into the division of marital property and certain circumstances or actions could cause the court to award more - or less - property to a spouse.

What Does Community Property Mean in Texas?

According to the lawyers who help clients handle a divorce, the state of Texas recognizes two types of property in a marriage: personal property and community property.

Personal property and wealth are owned by one spouse, either through ownership before the marriage, individual gift, personal purchase, and other means that is not actually the property of the couple.

Community or marital property is property and wealth that is obtained during the marriage and belongs to and/or is used by both spouses such as a house, joint investments, retirement accounts, gifts given to both spouses, and others.

How Is Property Divided In A Divorce?

During divorce proceedings, divorce attorneys help their clients identify and classify all personal and community property, then come up with a plan to fairly divide this jointly-shared property.

This plan for the division of property gets submitted as part of the full divorce plan that is presented to the court for approval and the signing of the legal divorce decree.

When couples cannot agree on who gets what even with the advice of their divorce lawyer or there are aggravating or extenuating circumstances, the decision could end up being in the hands of the judge who will weigh those circumstances and award as deemed fit.

What Can Affect The Division of Community Property?

Although a 50/50 split of community property would seem ideal in a divorce, attorneys working with their clients during a divorce find that many times it does not happen that way as the fair dispersal of property depends on many factors:

Income and Earning Capability - One spouse makes significantly more than the other spouse or one spouse’s earning capabilities are limited for some reason.
Disability - A spouse is disabled.
Physical, Emotional, and Financial Health - Deficits in any of these could affect the balance of how property is divided in a divorce.
Fault - Spouses proven to be at fault could receive less consideration depending on the exact circumstances.
Estates - Major differences in the size of each spouse’s estate.
Benefits - Loss of one spouse’s benefits due to the divorce.
Property Specifics - The nature of certain assets being dispersed.
Business - A spouse’s current or future business opportunities.
Educational Level - A spouse’s educational level and focus, which can affect the ability to generate income.

Talk To A Divorce Lawyer About Community Property

Though it might seem like common sense to divide community marital property 50/50, there are many considerations that go into deciding who gets what and how much property each spouse is granted.

Lawyers experienced in this part of the divorce process can help spouses understand these considerations and estimate what is likely to be approved by the court.

In cases where a spouse and his or her attorney believe they are entitled to more than a even division of certain property, it must be either negotiated between the parties or brought in front of the court where a judge will ultimately make the final determination.

Don't miss the next installment of our Divorce 101 series of informative articles: Texas Divorce 101 - Leave Your Emotions Out Of It!