The process in Texas for divided property when a couple decides to divorce is know as community property. It is helpful for divorcing couples to know what that means for them and how to anticipate property division during their divorce.
Property division in Texas during divorce
Community property generally means that courts view all marital property owned by the spouses to be shared by them equally. When they divorce, it is divided in half. When making a community property split, the divorce court may consider the earning capacities of each of the spouses; the age and health of both of the spouses; the value of the property being divided; and if there are any children, the needs of the children.
Marital property is generally property and assets acquired during the marriage by the couple. It excludes separate property which is typically not subject to the community property division process. Examples of separate property that is not divided includes property one spouse entered the marriage with; gifts; family heirlooms; inheritances; and personal injury awards. These are considered the separate property of the spouse that acquired them and are not commonly subject to the property division process.
Property can be commingled which can complicate the division process. Because community property division can grow complex quickly, it is helpful for divorcing spouses to be familiar with how the community property division process is handled.
Property division is one of the major issues that must be determined during divorce which is why divorcing couples should be familiar with property division rules. They should know what will happen to their property and how it will be divided when they make the difficult decision to part ways.