Does Community Property Always Mean that there is a 50/50 Split in Texas?

Texas is one of a minority of U.S. jurisdictions that is a community property state (Texas Family Code Sec. 3.002). A married couple’s assets are presumed to be jointly owned. With that being said, the Texas community property standard does not guarantee a 50/50 split. While that is most common, there are exceptions. Here, our Houston property division attorney explains the community property in Texas, including why a 50/50 split is not always guaranteed by law.

Community Property is the Starting Point in Texas

Most U.S. states are equitable distribution states. However, that is not the case in Texas. It is one of the few jurisdictions that follows community property rules. The default assumption under the law is that most assets and debts acquired during the marriage belong to both spouses equally. To be clear, that is true regardless of whose name is on the title or who earned the income. Many people assume that this automatically results in a 50/50 split if the marriage ends in divorce. However, while the principle of shared ownership applies, the actual division of property is subject to the discretion of the court. The Texas Family Code directs judges to make a “just and right” division. An equal distribution of assets is not guaranteed by law.

A 50/50 Split is Still a Relatively Common Outcome in a Divorce

In many divorce cases in Houston and elsewhere in Southeast Texas, a court will divide marital property fairly evenly between the spouses. If the marriage has been of moderate length, both parties contributed to the household in meaningful ways, and there are no major disputes regarding personal misconduct, a 50/50 division is the likely outcome. Indeed, courts often use an even split as the baseline starting point before considering other factors. Couples who reach their own settlement through negotiation or mediation also often agree to divide assets in half.

There are Factors that Can Shift Property Division (Unequal Split)

It is important to remember that Texas uses the just and right standard for property division. Although Texas presumes a fair division of community property if an even distribution of community property, judges have broad authority to deviate from a straight 50/50 split. There are several factors that may influence a court’s decision, including things like:

• Disparities in earning capacity;
• The age and health of the spouses; and
• Evidence of marital misconduct; such as adultery, abuse, or the wasting of marital assets.

Beyond that, a Texas court may consider which parent will have primary custody of the children and whether that spouse needs more resources to maintain stability for the family. The result is that some divorces end with one spouse receiving a larger share of the community property.

Contact Our Houston, TX Community Property Lawyer Today

At Lindamood & Robinson, P.C., our Houston community property attorney has the knowledge, skills, and experience that you can rely on. If you have any questions or concerns about our state’s community property laws, please contact us today for a fully confidential initial consultation. With a law office in Houston, we handle family and divorce representation throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.3.HTM