When couples in Texas decide that it’s time to get a divorce, you will first need to jump through a number of legal hoops. Among them is property division, an important step in any divorce that is handled differently depending on where you live.
FindLaw takes a look at the property division laws in Texas. Out of all of the states, only nine of them have community property laws. Texas is one of them. Accordingly, in the state, marital property is defined as any property that is acquired by either spouse during the duration of the marriage. Separate property is not added into this category, however. This involves certain exemptions, such as inheritances left in wills or items of sentimental value like keepsake rings.
Other than that, property division in Texas is determined on the basis of what is equal rather than what is equitable. This includes everything from real estate to bank accounts. Courts will take a look at all property that must be divided and will attempt to do so in a way that is considered fair to both you and your spouse, as well as any children that you may be responsible for.
One important thing to note is the fact that even though community property is described as being split equally, this doesn’t necessarily mean that you will be seeing a perfectly even split down the middle of them. There are naturally exceptions in every situation, and the exact division of your own marital property will be determined by a court at the time of the divorce.