Texas law charges the courts to divide a couple’s community property in a “fair and equitable manner”.  This may suggest a 50/50 division of the parties’ property, but may also suggest a 40/60 division.  An experienced divorce lawyer can help you understand the issues a court may consider in determining a “fair and equitable” division.

    When considering how a court should divide marital property it is important to understand the distinction between separate and community property.  Texas law presumes that any interest acquired during a marriage is community property.  Separate property is property that was either brought into the marriage (owned prior to marriage), or a gift to one of the spouses. This same presumption applies to debt accumulated during a marriage. Of course, a premarital agreement can change this presumption. Also the courts have the authority to divide assets and debts in a “just and equitable” manner, and aren’t required to make a 50/50 split.

    Spouses with separate property should be careful to ensure they understand the rules required to avoid accidentally co-mingling their separate property with community property. The advice of a competent attorney is invaluable here, and can really save your assets.