If you are going through a Texas divorce, you no doubt have questions about how your marital property will be divided. The fact is that there is no precise answer to this question, but your marital assets will not necessarily be divided equally between the two of you. Every divorce follows its own path in that is determined by various circumstances, and many factors can play a role in how your marital property will be divided in your divorce.
The Just and Right Division of Marital Property
In a Texas divorce, your property is divided in a way that is deemed just and right, which is not the same as equally or 50/50. While the court certainly can divide your marital property equally between the two of you, it is not required to do so. In fact, the court has wide discretion in the matter.
The Role of Fault
If the court determines that fault was involved in the breakup of your marriage, it can lead to you receiving more than 50 percent of your community estate in your divorce. Such fault can include:
- Wasting of community resources (on a romantic partner or on a failed business venture, for example)
- Domestic violence
Other Pertinent Factors
In addition to fault, the judge in your case can take other factors into consideration in the division of your marital property, including:
- The kind of property owned
- Taxation issues
- Who is named primary custodian of the children (this parent may be determined to need a greater percentage of marital property in order to provide financial stability for the children)
The judge will take all pertinent variables into consideration in determining how your marital property will be divided in a divorce.
Community Property vs. Separate Property
While your community property will be divided in a manner that is just and right in a divorce, your separate property is excluded from this division. Community property is generally that property that you and your spouse obtained over the course of your marriage. Even if only one of your names is on the title to a property, it does not alter the fact that it is community property in Texas – if you acquired the property while you were married.
On the other hand, any property that you brought into the marriage and kept separate is considered separate property that is yours alone. Further, any inheritances or gifts that bore your name alone remain your separate property. Determining what is community property and what is separate property can be one of the most complicated elements of a divorce.