Divorce isn’t just the end of a relationship—it’s also the division of a life you built together. From your home and retirement accounts to vehicles and debts, every asset must be accounted for and divided fairly. But in Texas, fair doesn’t always mean equal.
As a community property state, Texas considers most assets acquired during a marriage to be jointly owned. However, that doesn’t guarantee a 50/50 split. Instead, courts divide property in a “just and right” manner, considering factors like income disparity, financial need, and fault in the marriage. This means one spouse may receive a larger share if the court finds a reasonable basis for it.
At C.E. Borman & Associates, our divorce property division lawyers help clients in Bryan, Texas and the surrounding communities navigate the complexities of divorce, child custody, and property division with clarity and confidence.
In this blog, we’ll explain how Texas courts handle marital property, what qualifies as community property, and the steps you can take to protect your financial future.
Community vs. Separate Property in a Texas Divorce
Before dividing assets, it’s important to understand the difference between community property and separate property.
What Is Community Property?
Community property, as outlined in Sec. 3.002 of the Texas Family Code, includes most assets acquired during the marriage, regardless of who earned or purchased them. Some examples include:
✔ Income from jobs, businesses, or rental properties
✔ Bank accounts, stocks, and investments
✔ Real estate purchased during the marriage
✔ Vehicles, furniture, and household items
✔ Retirement accounts, pensions, and 401(k)s earned during the marriage
What Is Separate Property?
Separate property, as outlined in Sec. 3.001 of the Texas Family Code, belongs only to one spouse and is not subject to division. In Texas, separate property includes:
✔ Property owned before marriage
✔ Inheritance received before or during the marriage
✔ Gifts given specifically to one spouse
✔ Compensation from personal injury settlements (except lost wages)
To keep an asset as separate property, clear and convincing evidence (such as legal documents, receipts, or account statements) is required. Otherwise, it may be considered community property.
How Texas Courts Divide Marital Property
Texas courts are not required to split assets equally—they must divide them in a way that is fair and equitable based on the circumstances of the divorce.
A judge may consider several factors when deciding on property division, including:
- Income Disparity – Does one spouse earn significantly more than the other?
- Business Ownership – Does one spouse own or operate a business?
- Debt & Financial Obligations – Who is responsible for marital debts?
- Education & Job Prospects – Does one spouse have better employment opportunities?
- Health & Age – Does either spouse have medical conditions affecting future earnings?
- Fault in the Divorce – Did infidelity, abuse, or other misconduct contribute to the breakup?
- Parental Responsibilities – Will one spouse primarily care for the children?
Because property division is based on fairness, one spouse may receive more than 50% of the marital assets if the court believes it’s justified.
Steps to Divide Marital Property and Assets in Brazos County
Step 1: Create a List of All Assets
Before negotiating, make a comprehensive list of all assets and property, including real estate, bank accounts, vehicles, investments, and personal belongings.
Step 2: Identify Community vs. Separate Property
Determine which assets are separate property (belonging to one spouse) and which are community property (shared between both spouses). If there’s a dispute, documentation such as receipts, inheritance records, or prenuptial agreements may be needed.
Step 3: Determine Asset Values
Each asset should be assigned a fair-market value. In many cases, couples agree on valuations, but for high-value assets like real estate or businesses, professional appraisals may be necessary.
Step 4: Decide on Property Division
Once assets are valued, couples can negotiate a fair division based on Texas law. Options include:
- Selling assets and splitting the proceeds
- One spouse buying out the other’s share
- Dividing assets based on individual financial needs
If spouses can’t agree, the court will decide based on what they determine is “just and right.”
What Happens to Debt in a Texas Divorce?
Just like assets, debts must also be divided. Marital debt typically includes:
✔ Mortgages and car loans
✔ Credit card balances
✔ Medical bills
✔ Business debt
Texas courts will not always divide debt equally. Instead, they consider factors such as who incurred the debt and who benefited from it before assigning responsibility.
If one spouse accumulated debt recklessly or without the other’s consent, the court may assign it solely to that spouse.
Protecting Your Financial Future During Divorce
Property division can have a long-term impact on your financial stability. Here are some key steps to protect yourself that are especially important if you’re facing a contested divorce in Brazos County:
✔ Gather all financial records – Bank statements, tax returns, property deeds, and retirement account details.
✔ Understand your rights – Don’t assume everything is split evenly—equitable division depends on many factors.
✔ Avoid emotional decisions – Focus on financial security rather than sentimental attachment to assets.
✔ Work with an experienced property division attorney – A Bryan, Texas divorce lawyer can help you possibly achieve a fair settlement.
Need Help Dividing Property in Your Divorce?
Dividing marital property is one of the most challenging aspects of divorce, particularly when you disagree with your spouse about things like property division. But you don’t have to navigate it alone. At C.E. Borman & Associates, we help clients in Brazos County protect their financial interests and secure fair property settlements.
Call us today at 979-846-4090 or visit our website to schedule a consultation to discuss your case.
