How is property divided in a divorce in Texas?
Brian S. Loughmiller’s Answer:
One of the first things a divorcing client will ask about is property division. When you start talking about community property, many people automatically assume that means a 50/50 division. But community property really means that each property has undivided interest in the whole, and then the judge has the responsibility of deciding what their division is.
So, you could have cases with a 50/50 division of community assets, or a 60/40 split, or 70/30 – it’s all fact-driven based on the types of assets that you have. The courts consider tax consequences, children-related issues, and fault in the break-up of the marriage. Adultery is a factor that can be considered in asking for a disproportionate division of the community estate in Texas.
From an attorney’s standpoint, the first thing we look at is the type of property you have in your community estate and whether there are tax-laden issues associated with it.
We look at who will have custody of the children; we look at why are you getting a divorce. One thing that is often overlooked in this area is the economic disparity between parties. Do you have somebody who has been a stay-at-home spouse for 30 years and her husband is a high-wage earner? That should factor into how you divide the property, and it could lead to a disproportionate division.