Texas Community Property and a Just and Right Division
Texas is a community property state, but at divorce the court divides the community estate in a manner it deems just and right, having due regard for each party and any children, which need not be equal.
A community property state with discretion
The IRS describes the nine community property states in Publication 555: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Texas is one of them, but at divorce the court “shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage” (Tex. Fam. Code 7.001).
What is community property
Community property consists of the property, other than separate property, acquired by either spouse during marriage (3.002). Income and earnings during the marriage are community, whoever earns them.
The presumption
Property possessed by either spouse during or on dissolution of the marriage is presumed to be community property (3.003), so the first step in most cases is tracing and classifying each asset.
Not necessarily equal
Texas courts often divide near equally, but the Supreme Court has said a division must be just and right on the evidence, and the Family Code creates no range of acceptable awards. The trial court has wide discretion.
Property from other states
Property acquired while domiciled in another state that would have been community property in Texas is divided the same way (7.002).
Documents to gather
Deeds, titles, account and retirement statements, loan balances, tax returns and business records.
Test a split
The Texas property division calculator starts at an equal share and shows the payment each division implies.
Frequently asked questions
How does Texas divide property in a divorce?
The court divides the community estate in a manner it deems just and right, having due regard for each party's rights and any children.
Is Texas property division always equal?
No. A just and right division can be disproportionate when the evidence supports it.
What is community property in Texas?
Property, other than separate property, acquired by either spouse during the marriage.
Is property from another state divided in Texas?
Yes, if it would have been community property had it been acquired in Texas.
Who decides the Texas property division?
The trial court, with wide discretion, reviewed for abuse of discretion.
Official sources
- Tex. Fam. Code chapter 7: sections 7.001, 7.002 and 7.009
- Tex. Fam. Code chapter 3: sections 3.001 to 3.003
- Texas Supreme Court, No. 16-0328 (just and right division, citing Murff v. Murff)
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Texas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Texas attorney.