Yes. Texas presumes that property acquired by either spouse during the marriage is community property, owned equally by both spouses, regardless of whose name is on the title. Property owned before the marriage, along with gifts and inheritances received during the marriage, is generally treated as separate property. Texas courts divide the community estate in a manner the court finds “just and right,” which does not always mean a strict 50/50 split – the specific factors a court may weigh are a matter for attorney analysis on the facts of a given case.
Because Texas starts from a presumption that all property held by either spouse at divorce is community property, a spouse claiming that a particular asset is separate property generally has the burden of proving it – and Texas requires that proof to meet a heightened standard, called “clear and convincing evidence”. This becomes especially important when separate funds have been mixed with community funds over the course of a marriage – for example, depositing inherited money into a joint bank account used for household expenses. When separate and community property are commingled without clear records, it can become difficult to “trace” the separate funds back to their original source, and property that can’t be clearly traced risks being treated as community property.
“Just and right” division does not mean every asset is split down the middle. Instead, courts have broad discretion to award specific assets to each spouse. One spouse might keep the house while the other receives a larger share of retirement accounts or other assets, for instance, as long as the overall division is fair given the circumstances. There are many factors Texas courts may consider in reaching a just and right division. Courts also aren’t required to divide the estate exactly 50/50; depending on the circumstances of the marriage and the parties, a judge can order an unequal division that it still finds to be just and right.
This is also why the character of an asset matters so much in a divorce. A business, a retirement account, or real estate acquired or grown during the marriage is generally part of the community estate subject to division, even if only one spouse’s name appears on it or only one spouse actively managed it. Sorting out what’s truly separate, what’s community, and what’s a mix of both is often one of the more involved parts of a divorce involving any meaningful assets, which is why an accurate inventory and, where needed, professional valuation are important early steps.
If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.