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How is Property Divided in a Texas Divorce?Depending on where you reside, the terms of your divorce proceedings can differ. The area that most commonly changes depending on which state you are in is the property division process. There are two different manners in which property is divided: community property division or equitable property division. Texas is a community division state, meaning any property that you obtain after you say “I do” is considered both spouses’ property. It is important to understand what is considered yours, theirs, and ours if you are considering filing for divorce in Texas.

Community Property vs. Equitable Division

Texas is one of the nine states in the U.S. that follows community property division laws. Some see this as a benefit for divorcing couples while others may think they are entitled to more of their assets based on their earning capacity and what they have brought into the marriage. In community property division states, all property obtained throughout the marriage is considered the property of both spouses and a judge will cut the property in half during the divorce proceedings. This can be beneficial to the spouse who is lower-earning and did not have as heavy of a hand in earning the couple’s savings or accruing their various properties, but the other spouse may see this arrangement as unfair.

Unlike community property states, equitable division of property requires a more hands-on approach from judges who are involved in the divorce proceedings. This type of property division focuses more on dividing things based on “fairness” than evenness. These judges will look at the other details of their marriage, such as each spouse’s earning capacity or role in the marriage, before dividing things between them. Some view equitable division as unfair since things are done equitably, not equally.

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