Division of Property
Texas uses the community property system to divide marital assets between divorcing spouses. Community property is usually divided evenly between the spouses at the time of the divorce and separate property is assigned to the spouse that owns it.
Community property is everything that a husband and wife own, acquire, or earn together from the start of their marriage until the date they separate. Similarly, any debt acquired during the course of the marriage will be deemed to be community debt without consideration of which spouse actually incurred it.
Separate property is anything the husband or wife owns separately, such as property owned before the marriage, and gifts or inheritances received during the marriage.
There may also be instances where couples mix separate and community property. Because classification of property and its division are complex legal issues, you will need the advice and assistance of a family law attorney to protect your property interests.
