Disproportionate Division and Fraud on the Community in Texas
Texas courts may award a disproportionate share of the community estate on factors such as income disparity, needs, fault, age, health, separate estates and waste, and a spouse who commits fraud on the community can be charged with the loss through a reconstituted estate.
The factors
The Texas Supreme Court has said a number of factors may be relevant to a just and right division, citing Murff v. Murff, 615 S.W.2d 696 (Tex. 1981) (Texas Supreme Court, No. 16-0328):
| Type | Factors |
|---|---|
| Disparity | Disparity in income or earning capacity; the spouses’ capacities and abilities; education; future business prospects and opportunities |
| Needs | Relative needs and financial condition and obligations |
| Fault | Relative fault in ending the marriage and the benefits the innocent spouse would have received had it continued |
| Personal | Relative physical conditions; disparity in age |
| Estates | The size of each spouse’s separate estate and the nature of the property to be divided |
| Waste | Wasting of community assets and other fraud on the community |
Fault
Fault in the breakup can support a disproportionate award, but it implies reprehensible conduct, not a disagreeable personality, and a court may not use it to punish; the division must still be just and right on the evidence.
Fraud on the community
If a spouse commits actual or constructive fraud on the community, the court calculates how much the community estate was depleted, finds the reconstituted estate, and divides it just and right; it may award the wronged spouse an extra share of what remains, a money judgment or both (Tex. Fam. Code 7.009).
Evidence of value
A trial court must understand the extent and value of the community estate before it can divide it fairly, so appraisals, statements and tracing records matter.
Retirement benefits
Section 7.003 governs the disposition of retirement and employment benefits in a divorce, and a qualified domestic relations order can carry out the division.
Questions to bring to an attorney
Ask which factors fit your facts and how a waste or fraud claim would be proved.
Next steps
Ask a licensed Texas attorney which factors fit your facts and test shares in the Texas property division calculator.
Frequently asked questions
What factors does a Texas court use to divide property?
Income and earning disparity, needs, fault, age, health, education, separate estates, the nature of the property and waste of community assets.
Can fault change the Texas property division?
Yes, it can support a disproportionate award, though it must be reprehensible conduct and the result must be just and right.
What is a reconstituted estate in Texas?
The value the community estate would have had absent a fraud on the community, which the court divides.
Are retirement benefits divided in Texas?
Yes. Section 7.003 governs the disposition of retirement and employment benefits in a divorce.
Where do the Texas division factors come from?
From decisions of the Texas Supreme Court, because the statute states only the just and right standard.
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.